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UNITED STATES OF AMEEICA. 

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NOV 4 1886 



Civil Government 



IOWA 



THE UNITED STATES. 



PART I TO PAGE 204 
PART II FROM PAGE 204. 

- 

_ 

" 

GEO. SHERWOOD & CO. 







%\ 



»-1 



COPYRIGHT, 1886, 
By GEO. SHERWOOD & CO. 



PEEFACE. 



In a representative form of government, the in- 
telligence of the masses is the surest guarantee of order, 
stability and peace. These conditions present, under 
such a form of government we may confidently ex- 
pect the highest degree of individual and National 
progress and prosperity. That which is true of the 
Nation in that respect is true of the State. Of all 
that goes to make up the intelligence of the masses, 
a knowledge of the practical workings of our civil 
government is the substance of it all. The object of 
the present work is to place within the reach of the 
youth of Iowa such a knowledge of its civil government. 
The purpose has chiefly been to deal with the essentials 
and leave the acquirement of matters in detail to 
the investigation and experience of riper years. 

It is only the teacher who is thoroughly alive to 
his work, and equally master of the subject, that 
can make the study of this branch most attractive 
and successful. It is impossible in a work of this 
kind to preserve accuracy and yet make all the state- 
ments plain, simple, and easy to be understood by the 
pupil. And herein is the great necessity for explana- 
tions and illustrations on the part of the teacher. 

Also, many things must be inserted in order to 
make the work complete which the pupil should 
carefully read but no attempt should be made to com- 
mit them. The teacher who is careful in the preparation 
of the lessons will avoid any unnecessary work in 

7 



3 PREFACE. 

this direction on the' part of the pupils. By skillfui 
management, this study of Civil Government may be 
made delightful and interesting to the boys and girls in 
the common schools, and to the older pupils of the 
academies and high schools. The greatest good will be 
secured by making the class exercise one of familiar 
conversation and discussion instead of following the old 
fashioned question and answer method of recitation. 

Division V is intended rather for general information 
and reference on the political status of the State than for 
study and recitation by the pupil. 

In the preparation of this work, I have been greatly 
assisted by the aid and suggestions of Rollin J. Wilson., 
Esq., of the Fairfield Bar. 

Muscatine, Iowa. 

December 29th, 1884. 



TABLE OF CONTENTS. 



LESSON I. 

Page. 
Origin of the Federal Government 15 

LESSON II. 

Relations Existing Retween the Federal and State Governments. 18 

Relations Existing Between the States 19 

Local Self Government „ 19 

LESSON III. 
Iowa Before Becoming a State 20 

LESSON IV. 
State Organization _ ..„ 25 

LESSON V. 
Bill of Rights 29 

LESSON VI. 

An Outline of the Civil Government of Iowa 35, 36 

Distribution of Powers 36 

State , 37 

LESSON VII. 

Legislative Department _ 39 

The General Assembly 39 

LESSON VIII. 
Provisions Common to Both Houses „ 44 

9 



10 TABLE OF CONTENTS. 

LESSON IX. 

Page. 

General Provisions 49 

LESSON X. 

Executive Department 54 

Governor 54 



LESSON XI. 

Executive Department — Continued 58 

Governor — Continued 58 

Lieutenant Governor 63 



LESSON XII. 

Executive Department — Continued 64 

Secretary of State 64 

Auditor of State - - 66 

State Treasurer. 67 

Superintendent of Public Instruction 67 



LESSON XIII. 

Executive Department — Continued 69 

Officers Appointed by the Governor 69 



LESSON XIV. 

Executive Department — Continued 73 

Officers Appointed by the Governor — Continued 73 

General Provisions 75 

The Executive Council 75 



LESSON XV. 

Judicial Department 78 

The Supreme Court 78 



TABLE OF CONTENTS. 11 

Page. 

Officers of this Court 79 

Attorney General _ 79 

Cierk of the Supreme Court 80 

Reporter of the Supreme Court 80 



LESSON XVI. 

Judicial Department — Continued 82 

District Court 82 

Provisions Relating to the District Court 83 

Provisions Relating to Judges of all the Courts 83 



LESSON XVII. 

Judicial Department — Continued 85 

Officers of this Court „ 85 

County Attorney 85 

Clerk -... 86 

Short Hand Reporter 86 

Sheriff 87 



LESSON XVIII, 

The Jury System 87 

Reference Table 92 

Annual Salaries of Officers 92 



LESSON XIX. 

Civil Government of the County _ 93 

County __. 93 

Legislative 94 

Board of Supervisors _. 94 

Executive 95 

Board of Supervisors 95 



12 TABLE OF CONTENTS. 



LESSON XX. 

P ge. 

Civil Government of the County — Continued 97 

Board of Supervisors — Continued c 97 

County Treasurer 98 

County Auditor 100 

County Superintendent 101 



LESSON XXL 

Civil Government of the County — Continued - 102 

County Clerk.. 102 

Sheriff of the County 103 

County Recorder 104 

County Attorney 104 

County Surveyor 104 

Coroner 105 



LESSON XXII. 

Civil Government of the County — Continued 106 

Officers Appointed _ _ 106 

Commissioners of Insanity - 106 

General Provisions 107 

Judicial Department _ 108 



LESSON XXIII. 

Civil Government of the Township.. _ 110 

Township 110 

Legislative _ Ill 

Township Trustees. Ill 

School Board Ill 

Executive 112 

Township Trustees 112 

Township Clerk 112 



TABLE OF CONTENTS. 13 



LESSON XXIV. 

Page. 

Civil Government of the Township — Continued 113 

Executive Officers — Continued 113 

Township Assessor. 113 

Constable . 114 

Road Supervisor 114 

School Officers 115, 118 

LESSON XXV. 

Civil Government of the Township — Continued 119 

School Officers— Continued 119 

Sub-Director ._ 119 

Teacher.... 120 

General Provisions 120 

Judicial - 121 

Justices of the Peace 121 

LESSON XXVI. 

Civil Government of Cities and Towns 123 

Cities and Towns 123 

Legislative _ 124 

City or Town Council 124 

General Provisions _ 125 

LESSON XXVII. 

CivilGovernment of Cities and Towns — Continued - 1 27 

Executive 127 

Mayor 127 

Assessor 127 

Marshal _ 128 

Treasurer 128 

Clerk or Recorder. 128 

Other Officers... 129 

Judicial Department _ 129 

Mayor's Court 129 

Police Court 130 

Superior Court 130 



14 TABLE OF CONTENTS. 

LESSON XXVIII, 

System of Surveys _ 131 ^ 

LESSON XXIX. 

State Institutions _ iq7 

State University ___ 1q7 

Agricultural College and Farm _ _ _ _ ~ 139 

State Normal School _______ 140 

LESSON XXX. 

State Institutious— Continued h 42 

Institute for the Deaf and Dumb " " " U q 

College for the Blind ._"" " " " " ^ 

Soldiers' Orphans' Home ~ 144 

Hospitals for the Insane _ 14r 

LESSON XXXI. 

State Institutions — Continued 147 

Asylum for Feeble-Minded Children ._ ~ ~ ".._"... " " 147 

Industrial School """ 14s 

Penitentiaries 14Q 

Iowa Soldiers' Home """ 1( - 

Bonds of the Treasurers of State Institutions ..V.V..'.\ 151 

LESSON XXXII. 

Miscellaneous Information t-o 

Iowa's Governors 1r _ q 

Iowa's Representatives in the Congress of t'he" UniYed States " ~ 153 

Judges of the Supreme Court 155 

LESSON XXXIII. 

Miscellaneous Information - Continued 156 

Iowa's Senators """ 1P . fi 

The Electoral College --"-""."-"."." --".""."."/."/. I57 

General Questions 160 

Constitution of the State lfr 

Constitution of the United States ""!""!!" 184 



CIVIL GOVERNMENT OF IOWA. 



DIVISION ONE. 



LESSON I. 

ORIGIN OF THE FEDERAL GOVERNMENT. 

1. The early settlers of this country were earnest in 
Local self -gov- their desire for local self-government. 

ernment. However, they soon found that something 

more powerful was needed. A union which lasted for 
forty years was effected as early as 1613. It was known 
as the "United Colonies of New England." Its object 
was mutual protection to the colonists. Other such 
unions were formed, for in them were both strength and 
safety. 

2. And it is no wonder when British oppression 
Need of stronger became so great, and a more centralized 

Government. government was needed, that delegates 
from all the colonies but one assembled at the call of 
Massachusetts, and, as the First Continental Congress, 
issued that memorable Bill of Rights ; and, subsequently, 
as the Second Continental Congress, adopted the Articles 
of Confederation. With this instrument, however weak 
it may have been, the colonists, " united by the ties of 
common interest, by the sense of common danger, and 
by the necessities of a common cause, " freed themselves 
from the oppressions of the most powerful nation in the 
world. 



16 CIVIL GOVERNMENT OF IOWA. 

3. At the close of the Revolutionary War, each State 
weakness of the was sovereign and independent. They were 

confederation. all united into one nation by the Articles of 
Confederation. Under these Articles, Congress could 
declare war, but had no power to force a single soldier 
into the field to defend the country ; it could make treat- 
ies but had no power to enforce them. The soldiers 
demanded pay for their services on the field, but Con- 
gress had not a dollar for them, nor power to levy taxes; 
commerce was destroyed, but Congress could take no 
measures to build it up; some of the colonies became em- 
bittered against each other, but, since they were sover- 
eign and independent, Congress had no control over 
them. In fact, while Congress could declare almost 
everything, it could enforce nothing. It had no coer- 
cive power. Its laws were without penal sanction. And 
thus this league of the colonies, this confederation of 
states, had given birth neither to common country, flag, 
nor citizenship. 

4. Such a government with no more than a shadow 
Resmt of such °f sovereignty could not long exist. The 

union. regult was eas jiy foretold. The Federal 

authority so weak, not respected abroad, an object of 
jealousy at home, the states even jealous of one another 
and fast becoming rivals ; one could scarcely mistake 
the result which must follow. Before, they had fought 
shoulder to shoulder through the desperate struggle ; 
they had vied with each other on the bloodiest field; but 
no longer " threatened by a common danger and a com- 
mon enemy and united by a common cause," they were 
menaced by the deadliest of foes — an enemy at home. 
The statesmen saw the impending fate, this "perpetual 



ORIGIN OF THE FEDERAL GOVERNMENT, 17 

union between the states' 1 broken — thirteen petty re 
publics instead of one grand nation. 

5. It was a time of general depression. Some even 
our present con- proposed to make General Washington 

stitution. king, but he wisely spurned the proposi- 

tion. Virginia was the first to act, and requested the 
colonies to call a convention to revise the Articles of 
Confederation. Delegates met at Philadelphia for this 
purpose, but soon found-it best to drop the revision and 
adopt an entirely new constitution. This assembly, 
known as the Constitutional Convention of 1787, was 
one of the wisest bodies of which history gives us any 
account. After months of earnest debate the present in- 
strument was agreed upon, and finally ratified by all the 
colonies. George Washington was elected President, and 
took the oath of office April 30th, 1789. This was the 
beginning of the Federal Government of the United 
States. 

6. The Constitution is the supreme law of the land. 
constitution De- * n tne Hiain it secures the rights of each 

fined - citizen, and at the same time points out 

his duties. No statute enacted by any legislative body, 
in violation of the Constitution, can be enforced. 

QUESTIONS. 

1. State what is said about local self government. 

2. What union was formed ? 

3. Why was such union necessary ? 

4. What of other such unions ? 

5. What did the First Continental Congress do ? 

6. The Second ? 

7. State what is said about the colonists freeing them- 
selves. 

2 



18 CIVIL GOVERNMENT OF IOWA. 

8. What were the defects of the Articles of Confed- 
eration ? 

9. State fully why the government failed under these 
Articles. 

10. State all that is said about the formation and 
adoption of our present Federal Constitution. 

11. What is the Constitution? 



LESSON II. 

RELATIONS EXISTING BETWEEN THE FEDERAL 
AND STATE GOVERNMENT. 

7. The Federal Government has such powers and only 
Federal power. Sllcn as are delegated to it by the Constitu- 
tion of the United States These powers 

are either enumerated in the Constitution or arise from 
necessary implication from its terms. ' This is the gen- 
eral rule that is adhered to in cases where it is required 
to determine whether the authority to do a certain thing 
belongs to the United States or to the State. No human 
intellect could possibly have determined every means 
which the National Government must adopt in the proper 
administration of these powers. So, in the interpretation 
of that instrument the following principle is constantly 
kept in view. A power conferred implies the right 
to adopt measures necessary for its effective execution. 

8. The State has any power not prohibited from it 

by the Federal Constitution. Powers not 

Power of the State. l 1 . ctj^i 

enumerated are delegated to the State. 
This reservation was made to prohibit the Federal Gov- 



FEDERAL AND STATE GOVERNMENTS. 19 

ernme.nt from assuming powers other than those enu- 
merated as belonging to it. The people were jealous of 
Congress. There was great fear that the National Gov- 
ernment would increase her strength at the expense of 
the states. 

Relations Existing Between the States. 

9. While to a certain extent, the states are subject to 
sovereign; iade- ^ ie Federal Government, yet in the admin- 

pendent. istration of affairs which are properly their 

own, they are sovereigns, and in their relations to each 
other they are independent. Just as friendly neighbors 
assist each other, so does one State extend mutual aid to 
other states. But in no sense is one subject to the other. 

Local Self-Government. 

10. The local self-government which the colonists so 
Power of thePeo- strongly desired in the settlement of this 

ple< country was recognized in framing the 

Constitution, and forms the leading feature in the admin- 
istration of the State governments. Here the people 
are closely connected with all political affairs and form 
"the power behind the throne." Kings they are indeed. 
It is true that changes in the Constitution are not fre- 
quent, and that this instrument can be altered only by 
certain regulations. But every department of the gov- 
ernment is closely connected with the interests of the 
people ; the officers are frequently changed ; if certain 
laws are demanded a General Assembly may be chosen 
which will enact them ; if reform is necessary, it may 
be effected by the voters at the ballot box. 

11. But local self-government is fully secured by the 
The Fullest Local division of the State into counties, town- 

seif -Government. sa ip S) cities and towns. In the adminis- 



20 CIVIL GOVERNMENT OF IOWA. 

tration of these local affairs, the people should take the 
greatest interest and see that men elected to office 
are well qualified for the positions which are to be filled; 
men who will execute the laws to the best of their 
ability. 

QUESTIONS. 

1. What powers has the Federal Government? 

2. How do we determine what these powers are ? 

3. In what case is this rule observed ? 

4. Could the means which the National Government 
must adopt be determined at that time ? 

5. W hat principle is kept in view ? 

6. What power has the State ? 

7. Why was this reservation made? 

8. What relations exist between the states ? 

9. Is one subject to the other ? 

10. What forms the leading feature in the administra- 
tion of the State government ? 

11. What relations exist between the people and local 
political affairs ? 

12. What of changes in the Constitution? 

13. How may changes and reforms be effected? 

14. How is local self-go vernment fully secured? 

15. Why should the people take great interest in local 
affairs? 



LESSON III. 

IOWA BEFORE BECOMING A STATE. 

12. French missionaries in sailing down the Father 
of Waters, in 1673, discovered the region 

Early Discoveries. .. . . , T .. TT . 

of which Iowa tonus a part. Hence, by 



IOWA BEFORE BECOMING A STATE. 21 

right of discovery, the French Government claimed this 
region. In 1763, she ceded all her possessions west of 
the Mississippi to Spain. In the year 1800, after Napo- 
leon had overthrown the government of France and 
taken control of affairs, it came again into the possession 
of the French. 

13. In the year 1803, almost at the beginning of 
Louisiana pur- Thomas Jefferson's administration, the 

chase. United States bought from France that 

vast territory known as the Louisiana Purchase, of which 
Iowa formed a part. It contained over a million square 
miles, and was a remarkably cheap purchase, costing 
the Government fifteen million dollars, or less than two. 
and a half cents per acre. It included all the territory* 
west of the Mississippi to the Rocky Mountains, and 
extended from New Mexico to the British Possessions 
on the north. Out of it have been carved five states 
and four territories, and parts of three states and three 
territories. 

14. In 1788, a Frenchman named Dubuque obtained 

from the Foxes a lease of land for mining 

Early Settlements. T ., . .. , ,. _ • 

purposes. Lead had been discovered along . 
the Mississippi in the region where Dubuque now stands. 
Here was Dubuque's claim, which included almost all 
the lead-producing lands in that vicinity ; it covered 
an area of a hundred and twenty thousand acres or 

*Our best historians differ as to the extent of the territory 
contained in this purchase. Some claim that it includes nearly 
all the region between the Mississippi and the Pacific Ocean; while 
others believe that it extends no further west than to the Rocky 
Mountains. On this point Mr. Greenhow makes the following state- 
ment: " In the absence of all light on the subject from history, we 
are forced to regard the boundaries indicated by nature, namely, the 
highlands separating the waters of the Mississippi from those flowing 
into the Pacific, as the true western boundaries of the Louisiana 
c^ied to the United States by France in 1803." 



22 CIVIL GOVERNMENT OF IOWA. 

more, and was commonly known as the "Dubuque Lead 
Mines." 

1. In 1795, Basil Giard obtained a grant of five thou- 

sand eifi^ht hundred and sixtv acres in what 

Basil Giard. . ° ^ T . . 

is now Clayton County. He occupied it 
for many years and finally received a patent for it from 
the Federal Government. 

2. Honori, in 1799. obtained a grant of land where 

the town of Montrose now stands and took 
immediate possession, retaining it till 1805. 

3. Prior to the purchase of this territory by the 

United States, a fur trader had a trading 
post close to the present site of Burling- 
ton. In 1820, another post was established at Sandusky. 

4. The first settler in Lee County was Dr. Muir, a 
Dr. Muir. oth- surgeon in the United States ' army. In 

ers - 1830, two brothers by the name of Lang- 

worthy settled in the lead mining business near Du- 
buque. These brothers, with a few others, were forced 
by the Government to withdraw from their claims be- 
cause they were on territory belonging to the Indians. 
But after a treaty had been entered into, they returned, 
and made the first permanent settlement in that part of 
Iowa on June 1st, 1833. Not a few others could be 
named who settled in the counties along the Mississippi, 
in the "far west," and underwent all the hardships that 
those must undergo who* march to the front in the pro- 
gress of civilization. 

15. Many settlers pushed across the Mississippi and 
found homes in the new country. Several 

Treaties. 

treaties were made with the Indians. 
Among those most noted was one with Black Hawk for 
about six million acres of land. Another, was wirh cli? 



IOWA BEFORE BECOMING A STATE. 23 

Sacs and Foxes, in which the Indians made a reservation 
of more than a hundred thousand acres for the half- 
breeds. This reservation was a source of constant 
trouble to the Government. In 1842, another treaty 
was made by which the Government should obtain pos- 
session of this tract on the first day of May, 1843/" 
Settlers were prevented from entering the reservation 
prior to that date; the land still belonging to the Gov- 
ernment, and was unsurveyed. But hundreds of fami- 
lies encamped along the line waiting for the last hour to 

* These tribes at this time had their principal village at Ottum- 
wa-no, now called Ottumwa. As soon as it became known that 
the treaty had been concluded, there was a rush of immigration 
to Iowa, and a great number of temporary settlements were made, 
near the Indian boundary, waiting for the first day of May. As the 
day approached, hundreds of families encamped along the line, and 
their tents and wagons gave the scene the appearance of a military 
expedition. The country beyond had been thoroughly explored, but 
the United States military authorities had prevented an} r settlements 
or even the marking out of claims by any monuments whatever. 

To aid them in marking out their claims when the hour should 
arrive, the settlers had placed piles of dry wood on the rising ground, 
at convenient distances, and a short time before twelve o'clock on the 
night of the 30th of April, these were lighted, and when the midnight 
hour arrived, it was announced by the discharge of firearms The 
night was dark, but this army of occupation pressed forward, torch 
in hand, with axe and hatchet blazing lines with all manner 
of curves and angles. When daylight came and revealed the confu- 
sion of the wonderful surve} r s numerous disputes arose, settled gen- 
erally bj r compromise, but sometimes by violence. Between mid- 
night of the 30th of April aud sundown of the 1st of May, over one 
thousand families had settled on their new purchase. 

While this scene was transpiring, the retreating Indians were en- 
acting one more impressive and melanchoty. The winter of 1842-43 
was one of unusual severity, and the Indian prophet, who had disap- 
proved of the treaty, attributed the severity of the winter to the 
anger of the Great Spirit, because they had sold their country. Many 
rehgious rites were performed to atone for the crime. When the 
time for leaving Ottumwa-no arrived, a solemn silence pervaded the 
Indian camp, and the faces of their stoutest men were bathed in tears ; 
and when their cavalcade was put in motion toward the setting sun, 
there was a spontaneous outburst of frantic grief from the entire pro- 
cession. — Jud2;e Nourse's Centennial Address. 



establis 

Government. 



24 CIVIL GOVERNMENT OF IOWA. 

expire, that they might enter first and choose their 
claims. 

16. It was not long till a temporary government was 
established over this new possession. 
When the purchase was divided into the 

Territory of Orleans and the District of Louisiana, Iowa 
belonged to the latter. The District was soon placed 
under the jurisdiction of the Territory of Indiana, and 
early in the year 1805, it was made the Territory of 
Louisiana with a government of its own. This went 
into effect on July 4th, of that year. In 1807, Iowa 
was included in the Territory of Illinois ; in 1812, in the 
Territory of Missouri ; from the admission of Missouri 
as a State, it was a "political orphan" until 1834, when 
it became a part of the Territory of Michigan ; in 1836, 
it was included in the Territory of Wisconsin, and re- 
mained there until Wisconsin was admitted as a State. 

17. In 1838, the United States Government passed a 

bill establishing the Territorial Govern- 
ment of Iowa, which went into effect 
July 3rd. 

18. The Territorial Legislature consisted of a House 

of Representatives of twenty-six members 
and a Council of thirteen members. The 
first session was held at Burlington and was bitter and 
exciting. The Governor was vested with a veto power 
which was so unlimited that he almost controlled legis- 
lation. This power was afterward restricted. 

19. The first Governor was Robert Lucas of Ohio, 

Avho was appointed by President Van Bu- 

ren in 1838. When the Whig party came 

into power in 1841, President Harrison appointed John 

Chambers to the Governorship. In 1845, James Clark 



STATE ORGANIZATION. 25 

was made Governor and served till Iowa became a State 
and elected the Chief Executive by a vote of the people. 

QUESTIONS. 

1. Who discovered Iowa ? 

2. By what right did the French claim this territory ? 

3. Under whose control did it afterward come ? 

4. State what is said about the Louisiana Purchase. 

5. What is said about early settlement? Of Basil 
Giard ? Honori ? Traders \ Dr. Muir and others ? 

6. What of important treaties made with the Indians % 

7. State what is said of the last one % 

8. Recite what you can from Judge Nourse's Centen- 
nial Address. 

9. What changes in government did the territory now 
known as Iowa undergo ? 

10. When did it become a Territory ? 

11. Of what did the Legislature consist? 

12. How many members were in each body ? 

13. What of the first session ? 

14. Tell all you can about the Territorial Governors. 



LESSON IV. 

STATE ORGANIZATION. 

20. On the 7th of October, 1844, the people of this 

constitutional Territory, by a convention of delegates 

convention. called for that purpose, met at Iowa City 

and framed a Constitution, which was forwarded to the 

Delegate in Congress by the Hon. Shepherd Leffler. 



26 CIVIL GOVERNMENT OF IOWA. 

This Delegate submitted it to Congress, by whom it was 
approved. In 1815, this body passed an act making the 
Territory a State, and at the same time changed the 
northern and western boundaries. This change was un- 
satisfactory to the people of the Territory and, at the 
election in April, they rejected the Constitution. Con- 
gress afterward repealed the obnoxious features and, in 
1816, a new Constitution was presented to the people ; 
on August 3d of the same year, it was ratified by a small 
majority of the popular vote. On the 28th of December 
following, Iowa was admitted into the Union of states, and 
the twenty-ninth star appeared on our National banner. 
21. At the time of the admission of Iowa there were 
twenty-seven organized counties within her 
borders; the total population was almost 
one hundred thousand, and the eager settlers with cease- 
less tread had nearly reached the Missouri River. A 
Governor, Auditor, Secretary, and Treasurer of State, 
with members of the Legislature, were elected, and 
the first session of the General Assembly opened Novem- 
ber 30th, 1846, at Iowa City — almost a month before 
the State was admitted into the Union. It was com- 
posed of nineteen Senators and forty Representatives. 
The question of locating the capital farther west was the 
cause of much warm discussion. Commissioners were 
appointed who immediately entered upon the duty of 
selecting a location nearer the center of the State. The 
first site selected was in Jasper County, where the 
town of Monroe now stands. The selection was ap- 
proved but afterward repealed, and the General Assem- 
bly continued to meet at Iowa City. But in 1855, a bill 
was passed which located the capital where it is now 
situated. The temporary State House being completed, 



STATE ORGANIZATION. 27 

on the 19th of October, 1857, the Governor declared 
Des Moines to be the capital, and the work of moving* 
thither began at once. 

22. A revision of the Constitution was completed on 
March 5th, 1857, and was approved and adopted by the 
people on August 3d by a vote of 40,311 against 38,681. 

constitutional Since that time it has remained unchanged 
convention of 1857. exce pt by amendments adopted by a vote 
of the people, submitted to them in accordance with the 
provisions of the Constitution. Section 3, Article X, 
of the amendments of the Constitution, provides that the 
question of revision should be submitted to an election 
of the people in 1870, and the same must be done each 
tenth year thereafter, and at such other times as the 
General Assembly may by law provide. The question is 
stated as follows: "Shall there be a convention to 
revise the Constitution and amend the same ( " 

23. "Schools and the means of education shall for- 
Encouragemeut ever ^ e encouraged," is a declaration found 

to Education. j n ^ ie or( ii nance f 1787, regarding the 

territory northwest of the Ohio River. In the history 
of our own State we find no less devotion to this 
great power in civilization. On her admission to the 
Union she became entitled to 500,000 acres of land, 
a grant made by the Federal Government and approved 

* One authority thus describes the removal : "It was au under- 
taking of no small magnitude; there was not a mile of railroad to 
facilitate the work, and the season was unusually disagreeable. 
Rain, snow and other accompaniments increased the difficulties; 
and it was not until December that the last of the effects — the safe of 
the State Treasurer, loaded on two large "bob-sleds" — drawn by ten 
yoke of oxen, was deposited in the new capital. It is not imprudent 
now to remark that, during this passage over hills and prairies, across 
rivers, through bottom lands and timber, the safes belonging to the 
several departments contained large sums of money, mostly individual 
funds, however." 



28 CIVIL GOVERNMENT OF IOWA. 

in 1811. And again, in her admission as a State, the 
sixteenth section of land in every township was granted 
to her for school purposes. There was a grant made to 
the University amounting to 45,957 acres, and one to 
the Agricultural College and Farm amounting to 210,000 
acres. 

21. All school lands and funds are under the control 
Management. Per- of the General Assembly, which must en- 
petuai school Fund. coura .g e? Dv a j[ suitable means, the promo- 
tion of intellectual, moral, and agricultural improvement. 
The proceeds of all the lands granted by the United 
States to this State for school purposes, the estates of 
all persons dying without a will or an heir, and such per 
cent as has been granted by Congress on the sale of all 
lands in the State must remain a perpetual fund for the 
support of the common schools. To this permanent 
fund is added money received for exemption from mili- 
tary duty, and the proceeds of all fines collected for a 
breach of the penal laws. 

QUESTIONS. 

1. State what is said about the first constitutional 
convention and the admission of Iowa as a State. 

2. What change in boundaries did Congress make ? 

3. What did this body afterward do ? 

4. When was Iowa admitted as a State? 

5. At this time how many organized counties were 
there ? 

6. What was the population % 

7. What officers were elected ? 

8. When and where was the first session of the Gen- 
eral Assembly opened ? 

9. How many members were there in each body ? 



BILL OI RIGHTS. 29 

10. What leading question arose ? 

11. Where was the capital first located? 

12. Where next? 

13. When was Des Moines declared to to be the capi- 
tal? 

14. Tell all you can about moving thither. 

15. When was the revision of the Constitution com- 
pleted and adopted ? 

16. How often, and when is the question of revision 
submitted to the people? 

IT. How is the question stated ? 

18. What declaration is found in the ordinance of 
1787? 

19. What grants have been made for educational pur- 
poses ? 

20. Under whose control are all school lands and 
funds? 

21. What proceeds make up the permanent school 
fund ? 



LESSON V. 

BILL OF RIGHTS. 

25. After stating the preamble and the boundaries of 
the State, the framers of the Constitution adopted a Bill 
of Rights, which is simply a declaration of the rights 
and privileges claimed by the people of the State. The 
following is a summary of this declaration : 

26. The first section, regarding the rights of persons, 
Rights of Per- reads as follows: "All men are, by nature, 

son3, free and equal, and have certain inaliena- 



30 CIVIL GOVERNMENT OF IOWA. 

ble rights, among which are those of enjoying and de- 
fending life and liberty, acquiring, possessing, and pro- 
tecting property, and pursuing and obtaining safety and 
happiness." This plainly and definitely states that all 
men are equal before the law. It is the living echo of 
the Declaration of Independence, July 4th, 1776, when 
the remarkable proposition was made u that all men are 
created free and equal ; that they are endowed by their 
Creator with certain unalienable rights ; that among 
these are life, liberty and the pursuit of happiness; that, 
to secure these rights, governments are instituted among 
hien, deriving their just powers from the consent of the 
governed." 

27. Inasmuch as the government derives all its politi- 
somcesof poiiti- ca ^ power from the governed, and since it 
cai Power. j g ms tituted for the protection, security 

and benefit of the people, whenever it becomes destruct- 
ive of this end, then the people have the right to alter 
or reform it. With free discussion, free speech, free 
thought, the intelligent voters may speedily effect this 
change and reformation through the medium of the bal- 
lot box. 

28. The General Assembly can make no law estab- 

lishing a uniformity of religion, or in any 

Religion. 4. ■ •,. r * VI *■ XT M4 

way restrict religious liberty. JN either can 
any religious test be required as a qualification for any 
office of public trust, nor do one's religious opinions 
unfit him for giving evidence in court. There is noth- 
ing more befitting American liberty than the restrictions 
herein placed upon the Legislative bodies. 

29. Any citizen of the State who, either directly or 

indirectly, takes part in any duel is forever 
disqualified from holding any office under 



BILL OF RIGHTS. 31 

the Constitution and the laws of the State. Perhaps a 
greater punishment could not be placed upon a citizen. 
Dueling was once quite popular among even the great 
men of our country, as a proper manner in which to 
settle disputes and quarrels, but happily it is now con- 
sidered as the meanest and least respectable method. 

30. It is the privilege of every person to speak, write, 
Liberty of or publish his sentiments on airv subject, 

Speech - but he is responsible for the abuse of the 

right. The Constitution allows great liberty in this re- 
spect, but if any person makes bad use of it, the laws of 
the State and the good of the people require that he 
be held to a strict and rigid account for all the injury 
done. 

31. All laws general in their nature must be uniform 

in their operation, and no immunity or 

Uniform Laws. . ■ . . 

privilege can be granted to any citizen or 
class of citizens which, under the same circumstances, 
does not apply to all others. 

32. No warrant for seizure or search can be issued 

except upon probable cause, supported bv 

Personal Secur- 

ity. oath. Thus the people are secured in their 

persons, houses, papers, and eifects against unreasonable 
searches and seizures. The life, liberty, or property of 
an individual can be taken only by due process of law. 
By due process of law is meant the regular course of ad- 
ministration through courts of justice. 

33. No person can be deprived of the right of trial by 

iury. In all criminal prosecutions, and in 

TrialbyJury. . l ' . . 

cases in which the lite or liberty is in- 
volved, the accused has the right to a speedy and public 
trial by an impartial jury, to call for a copy of the accu- 
sation, to demand that the prosecuting witness confront 



32 CIVIL GOVERNMENT OF IOWA. 

him, to force into court witnesses in defense of himself, 
and to have the assistance of counsel. 

34. And in cases less than felony, in which the pun- 

ishment does not exceed one hundred dol- 

Speedy Trial. ,.,,.. 

lars or thirty days imprisonment, the ac- 
cused has the right to a speedy trial before a Justice of 
the Peace or some other officer authorized by law. Oth- 
erwise the trial would be delayed till a session of court. 
Oftimes this would work the greatest wrong, for in 
many cases, the accused is not guilty, and it is right that 
the public know it by his acquittal. After acquittal, no 
one can again be tried for the same offense. 

35. Before conviction any person is bailable, except for 

a capital offense wherein it is evident, or 
the presumption great, as to who is the 

guilty party. But excess in bail or fine must be avoided, 

nor can cruel punishments be inflicted. 

36. The writ of habeas corpus cannot be suspended 

except in case of rebellion, or invasion. 
Attainder. C °ex US ' and no bill of attainder or ex-post-facto laws 

post-facto ghall ^^ ^ passed The firat of thege ig 

one of the most famous writs in history, and was es- 
teemed by the early English colonists as one of the 
" dearest birthrights of the Britons." A bill of at- 
tainder worked corruption of blood, so that neither per- 
sonal nor real estate could pass by inheritance to the 
offender's people. An ex-post-facto law is retroactive 
and makes an act a crime which was not a crime when it 
was committed. 

37. The military power is subordinate to the civil. 
No standing 1 army can be kept in time of 

Military. " i r . ,. n 

peace; neither can any soldier, in time or 
peace, be quartered in any house without the consent of 



BILL OF RIGHTS. 33 

the owner ; nor in time of war, except by due process of 
law. And private property cannot be taken for public 
use without just compensation. Great care is taken that 
there shall not be a large standing army. It has ever 
been held by our Republic that such an army might be- 
come the greatest danger to the country, and hence it is 
feared. 

38. Treason against the State consists only in levying 

war against it, adhering 1 to its enemies, or 

Treason. . . .. . , „ ^ T 

giving them aid or com tort. JNo one can 
be convicted of treason except upon the evidence of two 
witnesses to the same overt act, or upon open confession 
in court. 

39. There can be no voluntary servitude, no impris- 
servitude. Pe- eminent for debt, no law impairing the obli- 

tition - gation of contracts. The people have the 

right freely to assemble together to counsel each other 
for their own good, and to make known their grievances 
to their representatives and to petition for redress. 

40. Every male citizen of the United States of the 
Right of sue- a » e °f twenty-one years, who has been a 

rage " resident of the State six months preceding 

the election, and of the county in which he lives sixty 
days, is entitled to vote. This privilege is termed the 
right of suffrage. No idiot, or insane person, or one 
convicted of an infamous crime, can exercise this right 
of suffrage. Except in time of war or public danger, a 
voter cannot be compelled to perform military duty on 
election day ; and only in cases of treason, felony, or 
breach of the peace, can he be arrested during his 
attendance at the election. 
3 



34 CIVIL GOVERNMENT OF IOWA. 

QUESTIONS. 

1. What is the Bill of Eights ? 

2. Repeat the quotation in regard to the rights of 
persons. 

3. Also the one from the Declaration of Indepen- 
dence. 

4. From what source does the Government derive all 
its political power '( 

5. For what is Government instituted ? 

6. When may the people alter or reform it? 

7. How may this be done ? 

8. What is said about religion and a religious test ? 

9. What about dueling \ * 

10. Of the liberty of free speech and free press ? 

11. What of uniformity of laws ? 

12. What of personal security ? 

13. Who is entitled to a trial by jury ? 

14. When may a speedy trial before some officer of the 
law be demanded ? 

15. Why is such speedy trial permitted ? 

16. What of trial after acquittal ? 

17. Why is this ? 

18. What of bail? 

19. Of excess in bail, or fines, or cruel punishment? 

20. What is said of the writ of habeas corpus, bill of 
attainder, or ex-post-facto laws ? 

21. Relate what is said of the military power. 

22. Define treason. 

23. What is the conviction for treason ? 

24. What of servitude and the right of petition ? 

25. Who has the right of suffrage? 

26. What is suffrage ? 



OUTLINE OF THE CIVIL GOVERNMENT. 



35 



27. Who are not permitted to vote ? 

28. What of military duty on election day ? 

29. Of arrest while in attendance at the election ? 



LESSON VI. 



AN OUTLINE 



OF THE CIVIL 
OF IOWA. 



GOVERNMENT 



I. State; II. County; III. Township; IV. City or Town. 
A. Legislative ; B. Executive; C Judicial. 
I. State. — A. Legislative (General Assembly): 1. Senate. 

2. House. 



B. Executive 



1. Governor. 

2. Lieutenant Governor 

3. Secretary of State. 

4. Auditor of State. 

5. Treasurer of State. 

6. Superintendent of 



[struction. 
Public In- 



7. Officers Appointed by the Gov- 



C. Judicial : 1. Supreme Court. 

2. Officers of this Court. 

3. District Court. 

4. Officers of this Court. 



II. County. — A. Legislative: 1. Board of Supervisors. 



B. Executive: 



C. Judicial: 



1. Board of Supervisors. 

2. County Treasurer. 

3. County Auditor. 

4. County Superintendent. 

5. County Clerk. 

6. Sheriff of the County. 

7. County Recorder. 

8. County Attorney. 

9. County Surveyor. 

10. Coroner. 

11. Officers appointed. 

1. District Court. 



36 CIVIL GOVERNMENT OF IOWA. 

III. Township. — 

A. Legislative: 1. Township Trustees. 

2. School Board. 

B. Executive: 1. Township Trustees. 

2. Township Clerk. 

3. Township Assessor. 

4. Constable. 

5. Road Supervisors. 

6. School Officers. 

C. Judicial: 1. Justices of the Peace. 

IV. City or Town.— 

A. Legislative: 1. City or Town Council. 

B. Executive: 1. Mayor 

2. Assessor. 

3. Marshal. 

4. Treasurer. 

5. Clerk or Recorder. 

6. Other Officers. 

C. Judicial: 1. Mayor's Court. 

2. Police Court. 

3. Superior Court. 

Distribution of Powers. 

42. In our State there are four organizations for the 
administration of law and justice. These are : I. The 
State ; II. The County ; III. The Township ; IV. The 
City or Town. 

43. Each of these organizations has three depart- 
ments : A. Legislative ; B. Executive ; C. Judicial. 

44. The Legislative department consists of the Gen- 
what composes eral Assembly of the State and all other 

each Department. k oc ii es having power to make laws and 
regulations for the government of the people. The 
Executive department consists of the Governor, and 
other State officers (except the judges and officers of the 
Supreme Court), and all other officers who enforce obe- 
dience to the laws, whether it be the state, county, 



OUTLINE OF THE CIVIL GOVERNMENT. 37 

township, city or town. The Judicial department con- 
sists of the Supreme Court, District and Superior Court, 
Justice's and Police Court. 

45. A separation of these departments is a prominent 
separation of doctrine of our Republic. This is the fea- 

Powers - ture which most distinguishes it from the 

republics of the ancient world. It contributes in the 
greatest degree to uniformity, certainty, and fairness. 
But a complete separation can never be wholly effected. 
The duties of some officers require them to act both 
as executors and judges of the law. It perhaps is best 
thus, for each of these departments now acts as a check 
to some other. An instance of this is the power of the 
Governor to veto measures enacted by the General As- 
sembly. And even after the law has the sanction of 
both the Legislative and Executive departments, the 
Supreme Court may declare it unconstitutional. 

Throughout every department there is a close resem- 
blance between the State and the United States Govern- 
ment. 

State. 

46. No person can become a member of the lower 
Terms of Eiigi- House, also called the House of Represen- 

bility - tatives, unless he is twenty-one years old, 

a citizen of the United States, and has been a resident of 
the State one year next preceding the election, and has 
actually lived in the district which he represents sixty 
days. A Senator must be twenty- five years of age, and 
possess the qualifications of a Representative as to resi- 
dence and citizenship. The Governor and Lieutenant 
Governor must be thirty years old, citizens of the United 
States, and inhabitants of the State two years next pre- 



38 CIVIL GOVERNMENT OF IOWA. 

ceding the election. There is no constitutional provision 
as to the terms of eligibility of members of the Judicial 
department. 

47. The election of members of the General Assem- 
Eiection and Ten- kly, tne State or judicial officers, occurs on 
ure of office. the next Tuesday after the first Monday in 

November. Members of the House of Representatives 
are elected for the term of two years; Senators for four; 
members of the Judicial department for six; and all hold 
their positions until their successors are elected and qual- 
ified. The terms of office of Governor and Lieutenant 
Governor begin on the second Monday in January next 
after their election; the terms of all the others begin on 
the first Monday. 

questions. 

1. Do not fail to make the outlines on pages 35-6 an 
object of close study. Fix that of the State firmly in 
memory. 

2. Name the four organizations for the administration 
of law and justice. 

3. What are the departments of each of these ? 

4. Of what does the Legislative department consist? 
The Executive department ? The Judicial ? 

5. Eepeat what is said about the separation of these 
departments. 

6. To what does it contribute ? 

7. State instances in which the power of one depart- 
ment acts as a check upon another. 

8. Give the terms of eligibility of members of the 
lower House. 

9. The members of the Senate. 

10. Of the Governor, or the Lieutenant Governor. 



LEGISLATIVE DEPARTMENT. 39 

11. State the time of election and the term of office of 
the members of each department. 

12. When do their terms of office begin ? 



LESSON VII. 
LEGISLATIVE DEPARTMENT. 

The General Assembly. 

1, Senate 2. House. 

48. As in the United States, the Legislative authority 
Legislative Au- °f tne State is vested in a General Assem- 

thority - bly, which consists of a Senate and House 

of Representatives. These two together constitute the 
representation for the purpose of making laws. The 
legislative powers inherent in the people being vested 
in this body its powers are, therefore, supreme, except 
as limited by the Constitution. 

49. The General Assembly meets regularly once in 

every two years ; but on an extraordinary 

occasion, the Governor may call a special 

session. The sessions are held at the Capitol, in the city 

of Des Moines, beginning on the second Monday in 

January after the election of members. 

50. At the hour of two p.m. on the day on which the 
organization of General Assembly meets, the Lieutenant 
the senate. Governor, as President, calls the members 

of the Senate to order and they proceed immediately to 
effect a temporary organization. If the Lieutenant Gov- 
ernor is not present, some member acts in his stead. A 



4:0 CIVIL GOVERNMENT OF IOWA. 

secretary is chosen, who receives and files the certifi- 
cates of election presented by those claiming seats. A 
committee of five is appointed who examines and reports 
upon the credentials presented. Those reported as be- 
ing members then effect a permanent organization. 

51. Some member of the House calls that body to 
organization of order, as is done in the Senate, and they 

the House. choose a clerk, who performs the same 

duties as those of the secretary of the Senate. A com- 
mittee of five is appointed, who examines the credentials 
and makes a report thereon. Those who are found to 
hold proper certificates of election organize permanently 
by selecting a Speaker and other officers. 

52. The number of Senators cannot be less than one- 
Ratio and dm- third nor more than one-half the represen- 

sion of Legislators. tative body# At present theij^are fifty 

Senators, just half as many as there are^Bthe lower 
House, which numbers one hundred. The Senators are 
divided into two equal lots ; one lot being elected at one 
time, the other two years later. By this arrangement, 
at least one-half will be members of two years' experi- 
ence. 

53. The Senators cannot exceed fifty in number. 
Apportionment of The adjustment of the ratio is made at 

senators. each regular session of the General As- 

sembly, after the census has been taken. The State was 
divided by this body, in 1886, into fifty Senatorial dis- 
tricts, as shown in the note below.* 

*The Roman numeral shows the number of the district; then 
follows the count.y or counties composing it; this is followed by the 
population of the district, as shown by the Iow T a census of 1885. 

I. Lee, 34,024; II. Jefferson and Van Buren, 32.165; III. Ap- 
panoose and Davis, 32,124; IV. Wayne and Lucas, 30,285; V. Ring- 



LEGISLATIVE DEPARTMENT. 41 

54. The number of Representatives cannot exceed 
Apportionment one hundred, the present number. The 
of Representatives. ra ti f apportionment is one Representa- 
tive for every twenty-four thousand inhabitants. With 
our rapidly increasing population, these districts are 
often changed. The Constitution requires the General 
Assembly to fix the ratio of representation at each 
regular session. The General Assembly of 1886 divided 
the State into ninety-four Representative districts, as 
shown in the note below, f 

gold, Decatur and Union, 44,315; VI. Taylor and Adams, 28,119; 
VII. Page and Fremont, 35,859; VIII. Mills and Montgomery, 
29,628; IX. Des Moines, 35,733; X. Henry and Washington, 36,366; 
XI. Warren and Clarke, 29.237; XII. Poweshiek and Keokuk, 41,521 ; 
XIII. Wapello, 25,803; XIV. Mahaska, 27,131; XV. Marion and 
Monroe, 35,743; XVI. Madison and Adair, 30,342; XVII. Audubon, 
Dallas and Guthrie, 47,314; XVIII. Cass and Shelby, 35,325 ; XIX. 
Pottawattamie 45,866; XX. Louisa and Muscatine, 36,246; XXI. 
Scott, 41,956; XXII. Clinton, 38,661; XXIII. Jackson, 22,839; 
XXIV. Cedar anTt Jones, 37.486; XXV. Iowa and Johnson, 41,236; 
XXVI. Linn, 40,720; XXVII. Calhoun and Webster 29,823; 
XXVIII. Marshall, 25,036; XXIX. Jasper, 25,247; XXX. Polk, 
51,907; XXXI.: Boone and Story, 42,499; XXXII. Woodbury, 
32,289; XXXIII. Buchanan and Delaware. 35,162; XXXIV. 
Crawford. Harrison and Monona. 48.869; XXXV. Dubuque, 45,496; 
XXXVI. Clayton. 26,853; XXXVII. Hamilton, Hardin and Wright, 
41,981; XXXVIII. Blackhawk and Grundy, 36.664; XXXIX. 
Bremer and Butler, 28,873; XL. Allamakee and Fayette, 40,757; 
XLI. Mitchell, Winnebago and Worth. 26,661; XLII. Howard and 
Winneshiek, 31,985; XLIII. Cerro Gordo, Franklin and Hancock, 
29,101; XLIV. Chickasaw and Floyd, 29,261; XLV. Benton and 
Tama, '45,524; XLVI. Cherokee, Ida and Plymouth, 37,077; XL VII. 
Clay, Dickinson, Emmet, Kossuth and Palo Alto. 28,158; XLVIII. 
Carroll, Greene and Sac, 44 993; XLIX. Lyon, O'Brien, Osceola and 
Sioux, 27,975; L. Buena Vista, Humboldt and Pocahontas, 25,747. 

f It will be observed that some of the counties have two Repre- 
sentatives; those are marked thus*. The population of any county 
which has been given will not be repeated. 

I. Lee; II. Van Buren, 16,170; III. Davis, 15,183; IV. Appa- 
noose, 16,941; V. Wayne, 15,494; VI. Decatur, 15,083; VII. Ring- 
gold, 12,730; VIII. Taylor. 15.973; IX. Page, 20,938; X. Fremont, 
15,921; XI. Mills, 13,727; XII. Montgomery, 15,901; XIII. Adams, 



42 CIVIL GOVERNMENT OF IOWA, 

55. The Constitution forbids the formation of a Rep- 
Formation of Dis- resentative, Senatorial, or Congressional 
tricts - district from two counties which are wholly 

separated by another county. Nor can a county be 
divided so as to become parts of two districts. 

12,146; XIV. Union, 16,502; XV. Clarke, 11,369; XVI. Lucas, 
14,791; XVII. Monroe, 12,324; XVIII. Wapello; XIX. Jefferson, 
15,995; XX. Henry, 17,862; XXI. Des Momes ; XXII. Louisa, 
11,926; XXIII. Washington, 18,504; XXIV. Keokuk, 23,318; 
XXV. Mahaska; XXVI. Marion, 23,419; XXVII. Warren, 17,868; 
■XXVIII. Madison, 16,240; XXIX. Adair, 14,102; XXX. Cass, 
19,019; XXXI. Pottawattamie,*; XXXII. Harrison, 20,560; 
XXXIII. Shelby, 16,306; XXXIV. Audubon, 10,825; XXXV. 
Guthrie, 16,439~; XXXVI. Dallas, 20,050; XXXVII. Polk;* 
XXXVIII. Jasper, XXXIX. Poweshiek, 18,203; XL. Iowa, 18,190; 
XLI. Johnson, 23 046; XLII. Muscatine 24.320; XLIII. Scott,*; 
XLIV. Cedar,. 17,832 ; XLV Clinton,*; XL VI. Jackson ; XL VII. 
Jones, 19,654; XL VIII. Linn,* ; XLIX. Benton, 23,902 ; L.Tama, 
21,622; LI. Marshall; LII. Story, 17,527; LIII. Boone, 24,972; 
LIV. Greene, 15,923; LV. Carroll, 16,329; LVI. Crawford, 16,131; 
LVII. Monona, 12,178; LVIII. Woodbury; LIX. Ida, 9,012; LX. 
Sac, 12,741; LXI. Calhoun, 9,836; LXII. Webster, 19,987; LXIII. 
Hamilton, 14,075; LXIV. Hardin, 18,526 ; LXV. Grundy, 12,804 ; 
LXVI. Blackhawk, 23,860; LXVII. Buchanan, 17,726; LXVIII. 
Delaware, 17,436; LXIX. Dubuque,*; LXX. Clayton; LXXI. 
Fayette, 22.422; LXXII. Bremer, 14,350; LXXIII. Butler, 14,523; 
LXXIV. Franklin, 11324; LXXV. Wright, 9,380; LXXVI. Hum- 
boldt, 8,065 ; LXXVII. Pocahontas and Clay, 12,590; LXXVIII. 
Buena Vista, 11,530; LXXIX. Cherokee, 12,584; LXXX. Plymouth, 
15.481; LXXXI. Sioux, 11,584; LXXXII. O'Brien, 8,389; 
LXXXIII. Palo Alto, Emmet and Dickinson, 12,383 ; LXXXIV. 
Kossuth, 9,337; LXXXV. Hancock and Winnebago, 10,668; 
LXXXVI. Cerro Gordo, 12,688; LXXXVII. Floyd, 15,362; 
LXXXVIII. Chickasaw, 13,899; LXXXIX. Allamakee, 18,335 ; 
XC. Winneshiek, 22,680; XCI. Howard, 9,305; XCII. Mitchell,' 
12,825; XCIII. Worth, 8,257; XCIV, Osceola and Lyon, 8,002. 



LEGISLATIVE DEPARTMENT. 43 

56. Laws passed at a regular session of the General 
when Laws Take Assembly take effect on the fourth of July 

Effect - thereafter. Those passed at a special ses- 

sion take effect ninety days after the adjournment of the 
Assembly. If the law is deemed of immediate import- 
ance, the Legislature may provide that the same shall 
take effect by publication in two newspapers in the 
State, one of them being at the seat of government. If 
no provision is made as to the exact date, such bill be- 
comes a law on the twentieth day after publication. 

57. The last census was taken by the State, in 1885; 
Taking the by provision of the Constitution the Gen- 

Census - eral Assembly must provide for the taking 

of the census every ten years, beginning with 1875. 
The census is taken every ten years by the United 
States. The first was taken in 1790 ; so, in fact, the 
census of the State is taken once in every five years. 

QUESTIONS. 

1. In what body is the Legislative authority of the 
State vested ? 

2. Is that power supreme ? 

3. How often, when and where are the sessions of 
the General Assembly held ? 

4. State what is said of the organization of the Sen- 
ate. Of the House. 

5. Why do members take with them certificates of 
election ? 

6. State the ratio of membership existing between 
the House and the Senate. 

7. How many Senators are there ? 

8. Why are they divided into lots ? 

9. What is the ratio of apportionment for Senators ? 



44 CIVIL GOVERNMENT OF IOWA. 

9. How many Senatorial districts are there ? 

10. What is the greatest number of Representatives? 

11. What is the apportionment? 

12. When is this ratio of representation fixed ? 

13. Into how many Representative districts is the 
State now divided ? 

14. What is said of the formation of districts ? 

15. When do laws take effect ? 

16. When was the last census taken ? 

17. How often and when must the State take the 
census ? 

18. How often, in fact, is the census of the State 
taken ? 



LESSON VIII. 

PROVISIONS COMMON TO BOTH HOUSES. 

58. Before entering upon their duties, members of 
the General Assembly take the following 
oath or affirmation : "I do solemnly 
swear (or affirm), that I will support the Constitution of 
the United States, and the Constitution of the State of 
IoAva, and that I will faithfully discharge the duties of 
Senator (or Representative), according to the best of my 
ability." 



PROVISIONS COMMON TO BOTH HOUSES. 45 

59. Every member of the General Assembly receives 

the sum of five hundred and fifty dollars 

Compensation. _ . , . , .. , 

for each regular session ; and for each 
extra session a proportionate amount per day, not to ex- 
ceed six dollars. Mileage, both in going to and return- 
ing from the session, at the rate of five cents per mile, is 
allowed. 

60. Before members of the General Assembly can 
Drawing saia- draw their salaries, the presiding officers 

ries - of the two Houses must jointly certify to 

the Auditor of State the names of the members of their 
respective Houses, with the amount of mileage due each 
one. The Auditor then draws a warrant upon the State 
Treasurer for the amount due each one. When these 
warrants are presented to the Treasurer, he must pay 
them. One half of the salary may be drawn at the end 
of thirty days from the commencement of the session, 
and the other half at the close of the session. 

61. In general, members of the Legislature cannot, 

during the time for which they are elected, 

Disqualification. „ 

accept any omce of profit except such as 
may be filled by election by the people. And any per- 
son holding a lucrative office under the State, the United 
States, or any other power, cannot be eligible to a seat 
in the legislative body of the State. However, some 
offices are not considered lucrative ; such as that of 
Justice of the Peace, post-office, which does not exceed 
one hundred dollars per annum, or a position in the mi- 
litia, for which one does not receive a salary. 

62. The General Assembly is forbidden to authorize 

lotteries, or to permit the sale of lottery 

Restrictions. , 

tickets, or to grant divorces. Nor can 
it pass local or special laws in the following cases : 1. 



46 CIVIL GOVERNMENT OF IOWA. 

For the assessment and collection of taxes for the State, 
the county, or for road purposes ; 2. For laying out, 
making, or opening highways ; 3. For vacating roads, 
town plats, streets, alleys, or public squares ; 4. For 
locating or changing county seats ; 5. For the incorpo- 
ration of towns and cities ; 6. To change the names of 
persons. If the subject matter of a bill is not shown by 
the title, that part of the act which refers to such matter 
is void. 

63. Every member of the General Assembly has the 

liberty to protest against any act or resolu- 

Privilege. , . , , -■ . . . 

tion which he deems injurious to the pub- 
lic. And, except in case of treason, felony, or breach 
of the peace, he is privileged from arrest during the ses- 
sion of the Legislature, and in oroino; thither and return- 
ing therefrom. The wisdom of such a provision cannot 
be questioned. Otherwise, liberty of speech and action 
could not be assured to legislators, and not only they, 
but the State as well, might be subjected to the greatest 
wrongs. The State and the United States provide not 
this alone, but in addition, do not permit any person to 
question a legislator against his will, regarding any 
speech or debate, in any other place than in the body 
where it was delivered.* 

64. Each House may determine the time of its own 
powers and du- adjournment except that neither one can 

ties of eachHouse.t adjourn for more than three days without 

* And an3 r person who knowingly violates this privilege may be 
subjected to a fine or imprisonment, or both. Or if he threatens, 
menaces, or attempts by any corrupt means to control a legislator's 
influence or vote, he may be subjected to the same penalty. 

f The State Printer and Binder are elected by a joint vote 
of the General Assembly at each regular session. Each of these 
officers has his office at the capital of the State, and serves for two 



Contested Elec 
tions. 



PROVISIONS COMMON TO BOTH HOUSES. 4:1 

the consent of the other, nor to any other place than 
that in which they are sitting. Also, each House must 
keep a journal of its proceedings and publish the same ; 
each one may declare its rules of proceedings, punish 
members for disorderly conduct, and, with the consent 
of two-thirds, expel a member. It elects its own offi- 
cers, and, indeed, every power necessary to a branch of 
the General Assembly of a free and independent State is 
oiven to each branch in ours. 

65. Each House judges of the qualification, election, 
and returns of its own members. A dis- 
pute may arise in regard to all these points 

or any one of them. Any qualified voter in the district 
may make the contest. All papers relating to the con- 
test must be deposited with the Secretaiy of State and 
by him delivered to the presiding officer of the body in 
which the contested seat is claimed. This must be done 
on or before the second day of the session. This officer 
aives notice to the House and thus begins the investio'a- 
tion. 

66. A bill may originate in either body of the Legisla- 

ture and may be altered, amended, or 
rejected by the other. There are three 
processes by which a bill may become a law. 

67. In any of these processes, it must first pass both 
howp Bin Be- Houses by a majority vote of all the mem- 
comes a Law. k erg e i ec t e( j to each House, and be signed 
by the Speaker and President of the respective bodies. 

years, beginning on the first clay of May following his electiou. The 
State Printer prints the laws and journals of the General Assembly 
and all forms and blanks for the State officers. The reports of the 
State officers made to the Governor are printed by him. The State 
Binder binds all the laws and journals, and performs all the inciden- 
tal binding of the two Houses of the General Assembly and such as 
he may be required to do by the State officers. 



48 CIVIL GOVERNMENT OF IOWA. 

It is then presented to the Governor ; if he sign the bill 
it becomes a law. This is the first process. 

1. In the second method, the bill must pass both 
Houses as in the first, and being presented to the Gov- 
ernor, he refuses to sign it ; it must then be returned by 
him to the House where it originated, with his objec- 
tions. The refusal to sign the bill is a veto. If the bill 
can now be passed by a majority of two-thirds of each 
House, it becomes a law without the Governor's signa- 
ture. A certificate, stating that all the foregoing require- 
ments have been complied with, must be signed by the 
presiding officer of each House. 

2. Third process : The bill having passed both 
Houses as before, is presented to the Governor ; if he 
neglect to sign it within three days (Sunday excepted), 
it becomes a law as if signed by him. It must then 
be authenticated by the Secretary of State. 

3. Any bill submitted to the Governor during the last 
three days of the session, must be deposited by him 
with the Secretary of State within thirty days after the 
adjournment, with his signature if he approve, or with 
his objections if he disapprove. 

68. A majority of either House constitutes a quorum, 
but a smaller number may adjourn from 
day to day, and may compel the attend- 
ance of absent members in such manner and under such 
penalties as may be provided by the respective Houses. 

QUESTIONS. 

1. Repeat the oath of members of the General As- 
sembly. 

2. What is the compensation of members of the Gen- 
eral Assembly ? 



GENERAL PROVISIONS. 49 

3. Explain the process by which they draw their sal- 
aries. 

4. When do they draw them ? 

5. What works a disqualification for membership in 
the Legislature ? 

6. What offices are not lucrative ? 

7. Mention all the restrictions placed upon members 
of the General Assembly. 

8. What privileges have members ? 

9 What of the wisdom of such provision ? 

10. What additional provision is made ? 

11. What are the powers and duties of each House ? 

12. State what is said about contested election cases. 

13. About bills. 

14. State first process of law making. Second. Third. 

15. By what other process may a bill become a law ? 

16. What of bills presented to the Governor at any 
time during the last three days of the session ? 

17. How many make a quorum ? 

18. What must a less number do ? 



LESSON IX. 
GENERAL PROVISIONS. 

69. When a vacancy occurs in either House, the 
Governor issues a writ of election to fill such vacancy. 
This writ specifies the date of such election 
and is directed to the sheriffs of the coun- 
ties in which the election is ordered. These sheriffs 
must give ten days' notice by publication in some news- 



50 CIVIL GOVERNMENT OF IOWA. 

paper printed in the county or, if there be no such pa- 
per, by posting notices of the Governor's proclamation 
in live public places in the county. The same process 
is required in any special election ordered by the Gov- 
ernor. 

70. The sole power of impeachment rests with the 

House of Representatives. An impeach- 

Impeachinent. . . * • 

ment is a written accusation, passed by a 
majority of that body, charging a State * officer with 
misdemeanor or malfeasance in office. All impeachment 
trials are conducted by the Senate, and while sitting for 
that purpose, Senators are under oath truly and impar- 
tially to try the cause. No person can be pronounced 
guilty without the concurrence of two-thirds of the 
members present. Conviction removes from office and 
disqualifies him from holding any office of profit, trust, 
or honor under the State. This is one of the severest 
punishments that either State or Nation can inflict upon 
a citizen. And, beside this deep-rooted distrust and per- 
haps hatred from society, if the misdemeanor or mal- 
feasance is an indictable offense, the offender must meet 
the penalties of a law no less just and severe. 

71. A statement of the receipts and expenditures of 
Receipts and money by the State must be published 

Expenditures. with the laws of each regular session of 
the General Assembly. This is a part of the State Audi- 
tor's report and is published in the " Acts and Resolu- 
tions of the General Assembly." 

72. No money can be drawn from the treasury of the 
State but in consequence of appropriations made by 

* The Governer and all other State officers and the judges of the 
Supreme and District Courts are liable to be impeached. All other 
civil officers shall be tried for misdemeanors and malfeasance in office, 
in such manner as the General Assembly may provide. 



GENERAL PROVISIONS. 51 

the General Assembly in accordance with law. Neither 
can an appropriation be made for the 

Appropriations. . a , 

standing army tor a longer period than 
two years. 

73. In case the people fail to elect a Governor or Lieu- 
Eiectionof tenant Governor by giving two or more 

Governor. candidates for either position the highest 

and an equal number of votes ; or should they fail from 
any other cause, then the General Assembly must, by a 
joint session, elect one of said persons to fill the office 
which is vacant. 

74. United States Senators are elected by the Legisla- 
united states tures of the different states. The provis- 

senators. j ong f or ^^ e ] ec tion were established by 

the Federal Congress and are the same in all the states. 
On the second Tuesday after the meeting and organiza- 
tion of the State Legislature, each House in separate ses- 
sion casts a ballot for a United States Senator. On the 
following day these two bodies meet in joint session. If 
any one received a majority of the votes cast on the pre- 
vious day, he is declared duly elected. If no one re- 
ceived a majority, the two Houses must meet again on 
the following day and cast a second ballot. This is con- 
tinued from day to day until a Senator is chosen. 

I. The Governor of the State must send a certificate 
of the election of a Senator to the President of the 
United States. 

75. The Lieutenant Governor is President of the 
presiding offi- Senate ; he can vote only when that body 

cers - is equally divided. The other officers are 

elected by the members of the Senate. All the officers* 

*The other officers of the two bodies are almost the same. 
The following are those of the Senate : Secretary, w T ith first 



52 CIVIL GOVERNMENT OF IOWA. 

of the House of Representatives are elected by the mem- 
bers thereof. The one who presides is Speaker. He 
must vote whenever the yeas and nays are called and 
whenever the House is equally divided ; also in all cases 
when his vote, if given to the minority, will make the 
division equal ; in such cases the question is lost. 

76. Unless otherwise especially directed, the presid- 

standing com- m » officer of each of the legislative bodies 

mlttees - appoints all the standing committees^ of 

their respective bodies. The duty of each committee is 

suggested by the name. The committees of the two 

and second assistants; Enrolling Clerk, Engrossing Clerk; Sergeant- 
at-Arms, with one assistant; Doorkeeper, with first and second assist- 
ants; Janitor; Postmaster, with one assistant; and Paper-Folder, 
with one assistant. 

The pay of these officers is as follows : to the Secretary 
of the Senate and C hief Clerk of the House, six dollars per day each ; 
to the Assistant Secretaries of the Senate and Clerks of the House, 
five dollars per day each; to the Enrolling and Engrossing Clerks, 
four dollars per day each; to the Clerks of the Committees, two dol- 
lars and fifty cents per day each; and the necessary stationery for 
each of the Clerks and Secretaries, and their assistants aforesaid; to 
the Sergeant-at-Arms, Doorkeepers, Janitors, Postmasters, and Mail 
Carriers three dollars per day each ; to the Messengers and Paper- 
Folders, one dollar and fifty cents per day each. 

f 1. Ways and Means ; 2. Judiciary ; 3. Federal Relations ; 
4. Constitutional Amendments; 5. Suppression of Intemperance; 6. 
Appropriations; 7. iNormal Schools; 8. Schools; 9. Agriculture; 10. 
County and Township Organization; 11. Compensation of Public 
Officers; 12. Banks; 13. Railways; 14. Insurance; 15. Private Corpora- 
tions; 16. Municipal Corporations; 17. State University; 18. Military; 
19. Elections; 20. Claims, 21. Commerce; 22. Public Buildings, 23. 
Manufactures; 24. Printing; 25. Public Lands; 26. Internal Improve- 
ments; 27. Highways; 28. Library; 29. Judicial Districts; 30. Con- 
gressional Districts; 31. Senatorial Districts; 32. Representative Dis- 
tricts ; 33. Hospital for the Insane ; 34. Institution for the Deaf and 
Dumb; 35 College for the Blind; 36. Orphans' Home; 37. Peniten- 
tiary; 38. Reform Schools; 39. Agricultural College; 40. Horticulture 
and Forestry ; 41. Fish and Game ; 42. Asylum for Feeble-Minded 
Children; 43. Medicine, Surgery and Hygiene; 44. Rules; 45. Mines 
and Mining; 46. Engrossed Bills; 47, Enrolled Bills; 48. Retrench- 
ment. 



GENERAL PROVISIONS. 53 

bodies are almost the *same. The note shows those 
of the Senate. 

QUESTIONS. 

1. What is said about an election to fill a vacancy ? 

2. What does the writ specify and to whom is it 
directed ? 

3. What is required of the sheriffs ? 

4. With what body does the power of impeachment 
rest ? 

5. What is an impeachment ? 

6. What body tries it ? 

7. What is necessary to a conviction ? 

8. What punishment follows conviction? 

9. How are the receipts and expenditures made 
public? 

10. Who reports them to the Legislature ? 

11. In what are they published? 

12. How is money drawn from the State treasury ? 

13. What of appropriations for the standing army? 

14. How may the people fail to elect a Governor or 
Lieutenant Governor? 

15. Should this occur, how must the vacancy be filled? 

16. State what is said about the election of a United 
States Senator? 

17. Who is presiding officer of each body of the Gen- 
eral Assembly ? 

18. In what cases does the President of the Senate 
vote? 

19. Who elects the other officers of the Senate ? 

20. By what body are the officers of the House elected ? 

21. Who is the presiding officer ? 



54 CIVIL GOVERNMENT OF IOWA. 

22. When does he vote ? 

23. What officer usually appoints the standing com- 
mittees ? 



LESSON X. 
EXECUTIVE DEPARTMENT. 

1. Governor; 2. Lieutenant Governor; 3. Secretary of State; 
4, Auditor op State; 5. Treasurer of State; 6 Superin- 
tendent of Public Instruction; 7. Officers Appointed by 
the Governor. 

77. This department includes all State officers upon 
what officers are whom devolves the responsibility of exe- 

inciuded. cuting the laws. To these officers belongs 

not only the power, but the duty to see that the laws are 
faithfully executed. In their hands rests one of the 
three great political interests of the commonwealth, and 
the people should be no less particular in choosing capa- 
ble and upright men for officers in this department than 
in selecting members for the Legislature or judges for 
the bench. 

Governor. 

78. The Governor, in whom the supreme executive 
chief Magistrate, authority is vested, is chief magistrate. 

Election, etc. The re t l]rns G f the election of Governor 
and Lieutenant Governor are sent to the capital of the 
State, directed to the Speaker of the House. It is his 
duty to open them and publish them in the presence of 
both bodies of the General Assembly. Should the 
people fail to elect either of these officers, the vacant 



EXECUTIVE DEPARTMENT. 55 

position is filled by election at a joint session of the Gen- 
eral Assembly. 

79. The election of Governor or Lieutenant Governor 
contested Eiec- m ay be contested by any eligible person 
tion - who receives votes for the office. Within 

thirty days after the proclamation of the election, the 
contestant delivers to the presiding officer of each House 
of the General Assembly a notice of his intention to 
make the contest, giving his reasons for so doing. As 
soon as these officers receive the foregoing, they send 
proper notice to the incumbent, and immediately inform 
their respective Houses that they have received such 
notice of contest, including the specifications. Each 
House forthwith chooses by lot seven members from its 
own body. The fourteen members thus chosen are a 
committee to determine, as specified by law, the con- 
tested election. Their judgment, which is conclusive, is 
reported to each House, and there entered on the journals. 

80. The Governor and Lieutenant Governor are 
Election and Term elected in odd-numbered years, by a popu- 

of office. ] ar Y0 ^ e f or th e term of two years, and 

until their successors are elected and qualified. Their 
term of office begins on the second Monday in January 
after their election. 

81. The Governor is Commander-in-Chief of the mi- 
commander-in- h^ia, army, and navy of the State. In case 

Chief - of insurrection, invasion, or breach of the 

peace, or in great public danger, he has the power to 
order into service the militia of the State, or such part 
thereof as may be necessary. Or if the Sheriff of any 
county in the State makes demand upon the Commandant 
of any military forces to suppress an unlawful or riotous 
assembly, or otherwise to preserve order, and immedi- 



56 CIVIL GOVERNMENT OF IOWA. 

ately notifies the Governor of such action, the Command- 
ant must send such forces, as the occasion demands. 
82. The military forces of the State consists of all 
able-bodied citizens, between the ages of 
eighteen and forty-five years, who are not 
exempted from military duty, according to the laws of 
the State or the United States. The active militia of the 
State is known as "The Iowa National Guard," and con- 
sists of nine regiments of infantry, and composes in all 
not more than two brigades. The enlistments are for 
five years, and each one who serves in the ranks as a 
private receives one dollar and fifty cents for every day 
while on duty. 

83. If occasion requires, it is the duty of the Gov 
Duties as to the ernor to convene the General Assembly, 

General Assembly. an( J j n ^\ mQ f g rea t public danger 01' peS- 

tilence, he may call this body together at some other 
place than at the capital of the State. 

1. In his biennial message to the legislative bodies, 
the Governor must make known to them the condition 
of the State, and recommend such changes and measures 
as he deems expedient. This message is read to each 
House in separate session. 

2. In case the two Houses fail to agree upon a time 
of adjournment the Governor adjourns them. 

3. Should the Governor at any time resign, such res- 
ignation must be made to the General Assembty if that 
is in session ; otherwise, to the Auditor of State. 

84. Under the regulations of the statute, the Govern- 

May Grant Pardons, 01 ' haS power to grant pardoilS, reprieves, 

Reprieves, etc. an( j commutations for all offenses except 
treason and impeachment. In treason he may suspend 
the execution of the sentence until the next session of 



EXECUTIVE DEFARTMENT. 57 

the General Assembly, when the mutter rests with the 
law-makers. They may then pardon the offense, com- 
mute the sentence, grant a farther reprieve, or order the 
execution of the sentence. The Governor may remit 
tines and forfeitures in such manner as directed by law, 
but in the exercise of any of these last-named powers, he 
must make a report thereof to the General Assembly at 
its next session. 

85. Patents for land are usually granted by the Gov- 
patems and com- ernor - All grants and commissions made 

missions. D y n j m mus t Dear j^g official signature, 

and be in the name and by the authority of the people of 
the State. This seal is in the keeping of the Governor 
and must be officially used by him. 

86. Whenever in his opinion, the public interest 
condemning Real demands the. taking of any real estate for 

Estate - the construction of any institution of the 

State, or for the improvement thereof, the Governor 
shall cause the same to be taken and condemned in 
accordance with existing laws. 

QUESTIONS. 

1. Name the officers who compose the Executive 
department. 

2. What class of officers is included in the Executive 
department? 

3. What power and duty belong to them ? 

4. Why should the people be careful in the selection 
of these officers ? 

5. Who is chief magistrate of the State ? 

6. Who receives the returns of the election and pub- 
lishes them ? 



58 CIVIL GOVERNMENT OF IOWA. 

7. State fully the process of contesting the election of 
Governor or Lieutenant Governor. 

8. What of the election and term of office of these 
officers ? 

9. Who is Commander-in-Chief of the militia ? 

10. Of what does the militia consist ? 

11. What name is given to the active militia ? 

12. How many regiments ? Brigades ? 

13. For what time are the enlistments taken ? 

14. What is the pay of a private soldier while on 
actual duty ? 

15. Under what circumstance may the Governor call 
the legislative bodies together at another place than at 
the capital ? 

16. State what is said about the Governor's power to 
grant pardons, reprieves, etc. 

17. What of patents and commissions ? 

18. What of condemning real estate ? 



LESSON XL 

EXECUTIVE DEPARTMENT— CONTINUED. 
The Governor— Continued. 

87. At least thirty days before any general election, 

proclamation for th e Governor issues his proclamation, des- 

Eiection. ignating all the offices to be filled, and 

transmits a copy thereof to the Sheriff of each county of 

the State. And if a proposition to amend the Constitu- 



EXECUTIVE DEPARTMENT. 59 

tion is submitted to a vote of the people, he must include 
such amendment in his proclamation.* 

88. When the office of United States Representative 
becomes vacant, or a vacancy occurs in the office of 

* The following is the proclamation of Governor Sherman for the 
general election November 4tli, 1884. 

THE STATE OF IOWA. 

BY THE GOVERXOB. 

A Proclamation for the General Election, Nov. 4, 1884. 



Pursuant to law, I, Buren R. Sherman, Governor of the State of 
Iowa, do* hereby proclaim that at the General Election to be held on 
the " Tuesday next after the first Monday in November," A. D. 1884, 
the offices hereinafter named are to be filled by a vote of all the elec- 
tors of the State and those of the several Districts designated, to-wit: 
By vote of all the electors of the State : 

The office of Elector of President and Vice President of the 
United States, to be filled by the choice of thirteen Electors, each 
ballot for such office to contain the name of at least one inhabitant of 
each Congressional District into which the State is divided, and 
to designate " against the name of each person " voted for the num- 
ber of the Congressional District to which he belongs ; 

The office of Secretary of State ; 

The office of Auditor of State ; 

The office of Treasurer of State ; 

The office of Judire of the Supreme Court, in place of James H. 
Rothrock, whose term of office will expire December 31, 1884; 

The office of Attorney General. 
By vote of the electors of the several Judicial Districts and Circuits, and 
also of those specially named below : 

The office of Circuit Judge in each of said Judicial Districts and 
Circuits, and one additional Circuit Judge in the Second Judicial 
District. 

In the new Circuits established by the Twentieth General Assembly, 
Judges will be elected as follows : 

One Circuit Judge in the first circuit of the Fourth Judicial Dis- 
trict, comprising the counties of Lyon, O'Brien, Sioux, Osceola and 
Plymouth ; 

One Circuit Judge in the second circuit of the Fourth Judicial 
District, comprising the counties of Woodbury, Monona, Harrison 
and Cherokee; 

One Circuit Judge in the first circuit of the Sixth Judicial Dis- 
trict, comprising the counties of Poweshiek, Keokuk, Washington 
and Jefferson; 

One Circuit Judge in the second circuit of the Sixth Judicial 
District, comprising the counties of Jasper, Marion and Mahaska. 



60 CIVIL GOVERNMENT OF IOWA. 

Senator or Representative of the General Assembly of 
the State, and the body in which the va- 

Special Election. * 

cancy occurs meets before another general 
election, the Governor must call a special election to fill 

The offices of Judge of the District Court and District Attorney 
in the Twelfth, Thirteenth and Fourteenth Judicial Districts. 
By vote of the electors of the several Congressional Districts : 

The office of Representative in Congress from' each of said dis- 
tricts. 

And 1 do further proclaim and give notice, that on the day of said gen- 
eral election, the offices named below having become vacant, are to be 
filled by vote of the electors of the several districts mentioned, respect- 
ively : 

The office of Representative in Congress from the Seventh Con- 
gressional District, to fill the vacancy occasioned hy the resignation 
of John A. Kasson. 

The office of Judge of the District Court in the Thirteenth Judi- 
cial District, to fill the vacancy occasioned by the resignation of 
Joseph R. Reed. 

The office of Judge of the Circuit Court in the Thirteenth Judi- 
cial District, to fill the vacancy occasioned by the resignation of C. 
F. Loof bourrow ; 

The office of the Judge of the Circuit Court in the Ninth Judi- 
cial District, to fill the vacancy occasioned by the resignation of B. 
W. Lacy. - 

And I do further proclaim and give notice, that at said election four 
propositions to amend the Constitution, agreed to by the Nineteenth 
and Twentieth General Assemblies, will be submitted to the people, in 
accordance with the provisions of chapter one hundred and fourteen 
of the Acts of the Sixteenth General Assembly, said propositions 
being as follows, to-wit : 

Amendment 1. The general election for State, district, county 
and township officers shall be held on the Tuesday next after the first 
Monday in November. 

Amendment 2. At any regular session of the General Assembly 
the State may be divided into the necessary judicial districts for dis- 
trict court purposes, or the said districts may be reorganized and the 
number of the districts and the judges of said courts increased or 
diminished; but no reorganization of the districts or diminution of 
the judges shall have the effect of removing a judge from office. 

Amendment 3. The grand jury may consist of any number of 
members, not less than five, nor more than fifteen, as the General 
Assembly may by law provide, or the General Assembly may provide 
for holding persons to answer for any criminal offense without the 
intervention of a grand jury. 

Amendment 4. That Section 13 of Article V of the Constitution 
be stricken therefrom, and the following adopted as such section: 
Section 13. The qualified electors of each county shall, at the general 



EXECUTIVE DEPARTMENT. 61 

the vacancy. The person elected serves during the un- 
expired part of the term. A vacancy can occur in the 
House of Eepresentatives of the National Congress 

election in the year 1886, and every two years thereafter, elect a 
county attorney, who shall be a resident of the county for which he is 
elected, and who shall hold his office for two years, and until his suc- 
cessor shall have been elected and qualified. 

Attention is hereby called to Section 2, Article X, of the Consti- 
tution, as follows: 

"Sec. 2. If two or more amendments shall be submitted at the 
same time, they shall be submitted in such mann r that the electors 
shall vote for and against each of such amendments separately." 

The following extract from chapter one hundred and fourteen of 
the Acts of the Sixteenth General Assembly is published for general 
information : 

" The ballots relating to such amendment or amendments shall 
be separate from the ballots for officers cast at such election, and 
shall be deposited in boxes to be provided by the judges of election, 
separate from said ballots so cast for officers; and there shall be writ- 
ten or printed on such ballots the entire proposed amendment or 
amendments with the word ' for ' or ' against ' — as the elector may 
desire — preceding each amendment voted upon." 

Whereof ail electors throughout the State and the districts and 
counties especially designated will take due notice, and the sheriffs of 
the several counties will take official notice and be governed accord 
ingly. 

Polls open at nine o'clock a. m., and close not earlier than six 
o'clock nor later than nine o'clock p. m. 

In testimony whereof, I have hereunto set my hand and caused 
to be affixed the Great Seal of the State of Iowa. 

Done at Des Moines this twenty-seventh day of Sep- 
[l. s.] tember, in the year of our Lord one thousand eight hun- 
dred and eighty-four, of the State of Iowa the thirty-eighth, 
and of the Independence of the United States the one hun- 
dred and ninth. 
By the Governor: Buren R. Sherman. 

J. A. T. Hull, Secretary of State. 



sheriff's proclamation. 
And pursuant to law, I, G. W. Harrison, Sheriff of Jefferson 
County, Iowa, do hereby proclaim and make known that at the 
general election to be held on Tuesday, November 4, A. D. 1884, the 
following designated offices are to be filled by vote of the electors oi ; 
Jefferson County, Iowa: 

The office of Clerk of the District and Circuit Courts; 
The office of County Recorder ; 
The office of Member of the Board of Supervisors. 
Electors will take notice and govern themselves accordingly. 

G. W. Harrison. 
Sheriff Jefferson County 



62 CIVIL GOVERNMENT OF IOWA. 

only by the death, resignation, or expulsion of a 
member. 

89. If for any cause a vacancy occurs in our repre- 

sentation in the United States Senate, if 
umted states sen- the General Assembly of the State is in 

ate. 

session, the two Houses must elect a suc- 
cessor for the unexpired term, in the manner stated in 
paragraph 74. If the Legislature is not in session, the 
Governor must fill* the vacancy by appointment till the 
next meeting of that body. 

90. It is also the duty of the Governor to visit the peni- 
visit the peni- tentiaries at least once in every three months 

tentiaries. an j mS p ec t the books, papers and records 

of the Clerk and Deputy Warden. He should examine 
into all the regulations of the prison. And he has the 
power to alter or amend the same as he thinks Avill best 
promote economy, health, safe-keeping, and the obedi- 
ence of the convicts. In case he is not able to make 
these visits, he appoints some one to act in his stead, and 
make a report to him. 

91. All the executivef business connected with the offi- 

cers of the State government must be trans- 
acted by the Governor, who may admin- 
ister oaths in any matter pertaining to the business of 

* When a vacancy occurs, it is the duty of the Governor to fill 
it by appointment till the next election by the people, or the next ses- 
sion of the Legislature. The general provision regarding vacancies 
is, that when any office becomes vacant, and neither the Constitution 
nor the law directs how such vacancy must be filled, then the Gov- 
ernor must appoint and commission some person to fill it. 

f The Governor causes to be printed of the various public docu- 
ments as follows : Ten thousand copies of his biennial message ; five 
thousand of his inaugural address; seven thousand of the report of 
the State Treasurer; six thousand of the report of the Superintend- 
ent of Public Instruction ; four thousand of the report of the State 
Agricultural College; and three thousand five hundred copies of each 
of the other report's. 



EXECUTIVE DEPARTMENT. 63 

his office. He may require information from the officers 
of the Executive department, it being his duty to see that 
the laws are faithfully executed. 

Lieutenant Governor. 

92. Should the office of Governor become vacant the 

powers and duties of the office devolve 
upon the Lieutenant Governor for the re- 
mainder of the term, or until the Governor has been 
acquitted or his disability removed. If the Lieutenant 
Governor, while serving as Governor, becomes incapa- 
ble of performing the duties of the office, the President 
pro tempore of the Senate acts in his stead till the 
vacancy is filled or the disability removed. And if for 
like cause, this official becomes incapable of performing 
the duties of the office the same devolves upon the 
Speaker of the House. 

93. The Lieutenant Governor is President of the Sen- 

President of the a * e > ^llt Can V0 ^ e 0V ^1 wnen that body IS 

Seaate - equally divided. Should he be absent, or 

be impeached, the President pro tempore fills his chair. 

QUESTIONS. 

1. When and to whom does the Governor issue his 
proclamation ? 

2. Under what circumstance does the Governor call 
a special election 1 

3. How long does the one elected serve ? 

i. How may a vacancy occur in the House of Rep- 
resentatives of the National Congress ? 

5. How is a vacancy in the United States Senate 
filled ? 



64: CIVIL GOVERNMENT OF IOWA. 

6. What duties has the Governor in connection with 
the penitentiaries? 

7. What duty has the Governor in connection with 
the State officers of the Executive department ? 

8. What is the general provision in regard to filling 
vacancies ? 

9. What public documents does the Governor issue ? 

10. What duties may devolve upon the Lieutenant 
Governor. 

11. What if the Lieutenant Governor becomes incapa- 
ble of performing the duties of Governor ? 

12. What can } r ou say of the Lieutenant Governor as 
President of the Senate ? 



LESSON XII. 
EXECUTIVE DEPARTMENT— CONTINUED. 

Secretary of State. 

94. The Secretary of State has charge of all the acts 
charge of various an d resolutions of the Territorial Legisla- 

Documents. ^^ the enr0 H ec l copies f the CoilStitU- 

tions of the State, and the original acts of the General 
Assembly. 

95. Following the adjournment of the General Assem- 
print and Distri- bly,' ne m ust prepare a manuscript or 

bute Documents. pr inted copy of all laws, joint resolutions, 
and memorials passed during the session. These are 
printed under his personal superintendence and dis- 



EXECUTIVE DEPARTMENT 65 

tributed as follows : To the State Library for distribution 
to other states and territories and for exchange, two hun- 
dred copies; two copies to each State institution, to each 
judge of a court of record, and to each State officer ; one 
copy to each member of the General Assembly ; ten 
copies to the Law Library of the State University ; one 
copy to the State Historical Society ; and thirteen thou- 
sand copies to County Auditors. Each county officer, 
Justice of the Peace, Township Clerk, and Mayor of a 
city or incorporated town must be supplied with a copy 
for the use of his office. 

96. The Secretary of State now performs the duties 
of Register of State Land Office ; he must 

General Duties. -1,1 1 n 1 

preserve and record the abstract of the 
census of the State ; keep the journal of the Executive 
Council ; distribute according to law any public docu- 
ments remaining in his hands; publish a statement of 
the times of holding Supreme and District Courts ; 
distribute the copies of the Supreme Court report 
sent to him ; see that Notaries Public comply with the 
law in obtaining their commissions; that the law re- 
garding the commission of Commissioners* in other 
States is fulfilled ; must record the name, office, and 
term of office of eveiy county officer as returned to him 
by the County Auditors of the State; must record the re- 
sult of State elections, and if any County Auditor neg- 
lects to make returns of elections as provided by law, 

* One or more such Commissioners may be appointed in every 
State and Territory of the Union. Each one serves for three years 
unless the Governor sees fit to revoke the commission. Each one 
must have a seal with the following words: "Commissioner for 
Iowa." His own name and also the name of the State in which he 
acts must he engraved upon the seal. He is empowered to ad- 
minister oaths, take depositions and affidavits, take acknowledgments 
of deeds, and other instruments for use in the State of Iowa. 
5 



66 CIVIL GOVERNMENT OF IOWA. 

he is authorized to send a messenger for such returns. 
In any trial of a contested State election, he must act as 
clerk of the court, except when he is a party to the con- 
test ; in which case, the Clerk of the Supreme Court, or 
the State Auditor, must be clerk. Whenever a propo- 
sition to amend* the State Constitution has passed the 
General Assembly, as provided by the Constitution, the 
Secretary must cause the same to be published in two 
newspapers of general circulation in each congressional 
district of the State. 

Auditor of State. 

97. The Auditor keeps all State accounts between 
this and other states, or the United States, 

Duties. _ : . . . 

or any public officer, or private citizen; he 
makes settlements with all County Treasurers ; keeps a 
clear account of all funds, revenues and incomes of the 
State; settles with public debtors; superintends the 
payments of money into the State treasury ; manages 
the fiscal affairs of the State as required by law; fur- 
nishes County Auditors and Treasurers with instructions 
and forms for properly keeping the revenue accounts of 
the State ; and draws warrants on the State Treasurer 

* An amendment to the Constitution is proposed and submitted 
as follows : It may originate in either House of the General Assem- 
bly. If a majority of both Houses favor it, the amendment must be 
entered on their journals. A record is made of the yeas and naj'S. 
The amendment is then referred to the General Assembly to be 
chosen two years later. It must be published three months previous 
to the election of the members; this gives opportunity for free dis- 
cussion by the people. If the General Assembly chosen after this 
publication, passes the amendment by a majority of all the members 
of each House, then it is their duty to submit it to the people in such 
manner and at such time as they may provide. If the people approve 
and ratify the amendment by a majority of all the votes cast, it then 
becomes a part of the Constitution of the State. 



EXECUTIVE DEPARTMENT. 67 

for money directed to be paid out of the treasury, and 
likewise all claims against the State. He has the cus- 
tody of all books, papers, and documents not otherwise 
provided for. If the Governor requires it, he must fur- 
nish information relating to his office, and prior to the 
regular session of the General Assembly makes a report 
to said official. He suggests plans to the legislative 
bodies for the improvement and management of the pub- 
lic revenue and property. He apportions the interest of 
the school fund among the counties of the State, and 
publishes revenue laws for the use of Township Assess- 
ors. Whenever he deems it expedient, the Auditor ex- 
amines into the proceedings of any insurance company 
or savings bank in the State, and may by proper pro- 
cedure cause them to suspend, if they have not complied 
with the essential requirements of the law. 

State Treasurer. 

98. This officer keeps an accurate account of the 

receipts and disbursements at the treasury 
and pays money only on warrants from the 
Auditor of State. Preceding the regular session of the 
General Assembly, he reports the condition of the treas- 
ury to the Governor, and, with the advice and approval 
of the Executive Council, he may name one or more 
banks in the city of Des Moines in which drafts, checks, 
and certificates of deposit received by him may be 
deposited. 

Superintendent of Public Instruction. 

99. This officer has general charge of the educational 
interests of the State. Whenever called upon by any 



bb CIVIL GOVERNMENT OF IOWA. 

school officer he renders him a written opinion upon any 
question of school law. He determines 

Duties. 

all cases appealed from the decision of 
County Superintendents. And he visits as many of the 
county institutes of the State as the other duties of his 
office will permit. Once in four years he publishes the 
school laws and amendments, with such notes, forms, 
rulings, and decisions as he thinks will be valuable to 
school officers. He may subscribe for a sufficient num- 
ber of copies of some school journal published in the 
State to supply each County Superintendent with one 
copy. This journal must publish in its columns his offi- 
cial decisions as they are made. He makes an annual 
report to the Auditor of State, giving the number of 
children in each county between the ages of five and 
twenty-one years; he also makes a report to the General 
Assembly, at its regular session, embracing generally 
all matters relating to the condition and management of 
the common schools. 

100. He is charged with the general supervision of 
the County Superintendents of the State. 

Supervision of . . 

county superm- He meets them in convention at different 

tendents. . . 

points, and confers with them as to the best 
means of securing uniformity, efficiency, and the great- 
est excellency in the work of the common schools. That 
these conventions may be held to the best advantage, 
the State is usually divided into educational districts. 

QUESTIONS. 

1. What documents are entrusted to the Secretary of 
State? 

2. What must he do at the close of each session of 
the General Assembly? 



EXECUTIVE DEPARTMENT. 69 

3. Who performs the duties of Register of State land 
office? 

4r. Name other duties which the Secretary of State 
performs. 

5. What are the duties of State Auditor? 

G. What are the duties of State Treasurer ? 

7. What are the duties of the Superintendent of Pub- 
lic Instruction ? 

8. Why does he meet the County Superintendents in 
conventions ? 



LESSON XIII. 

EXECUTIVE DEPARTMENT— CONTINUED. 

Officers Appointed by the Governor. 

101. The Fish Commissioner reports to the Governor, 
Fish commis- stating fully the conditions and needs of 

sioner - his department. He has charge of the 

State hatching house at Spirit Lake, and it is his duty to 
stock the waters of the State with fish, as far as the 
means available will permit. He holds his office for the 
term of two years, and if at any time it becomes vacant 
the Governor fills it by appointment. 

102. With the advice and consent of the Senate, the 

Governor appoints three State Mine Inspec- 

Mine Inspectors. . , , . . , 

tors who devote all their time to the work of 
mine inspection. They must examine each mine in the 
State as often as the duties of their office will permit, and 



70 CIVIL GOVERNMENT OF IOWA. 

cause the laws regulating mines and mining to be 
obeyed. That they may do so, it is lawful, at all times, 
for them to inspect the works, machinery, and general 
safety of any mine, and see that it is properly ventilated. 
103. With the advice of the Executive Council the 

commissioners Governor appoints three persons from 
ofPharmacy. among the most competent pharmacists of 

the State, who are the Commissioners of Pharmacy. 
They examine, either orally or by printed lists, each 
applicant who desires to retail or compound drugs and 
medicines. They must register in a suitable book the 
name and place of residence of each person to whom a 
certificate is granted. 

10 L Also with the approval of the same Council, the 

state Boardof Governor appoints nine persons, one of 
Health. whom is the Attorney General of the State, 

one a civil engineer, and seven physicians, who consti- 
tue the Board of Health for the State. , As a Board 
of Health these persons have the general supervision of 
the health and life of the citizens of the State ; have 
charge of the quarantine regulations ; must prepare 
forms for the record of marriages, births, and deaths ; 
and make such sanitary regulations and investigations, 
from time to time, as they may deem necessary for the 
preservation and improvement of the public health. 
The members of the Board receive no compensation, but 
the necessary expenses incurred in performing their 
duties are paid. 

105. The State Librarian has the custody of the State 
Library and must give his personal attend- 
ance at the Library during the time it is 
kept open, performing such duties as are imposed upon 
him by law. He must prepare a complete catalogue of 



Historical Society 



EXECUTIVE DEPARTMENT. 71 

the Library, label the books, and make a report of its 
condition to the Governor and General Assembly. 

106. The Board of Curators of the State Historical 
Society consists of eighteen members, nine 
appointed by the Governor and nine elected 

by the members of the Society. This Society is located 
at Iowa City, and is connected with the State University. 
An annual appropriation of one thousand dollars is made 
by the Legislature to be expended by the Society in col- 
lecting a library of books, manuscripts, papers, painting, 
statuary, and other materials, preserving and illustra- 
ting the history of the State; to rescue from oblivion the 
memory of its pioneer settlers; to revive statements 
concerning their exploits, perils, and adventures ; to 
secure history relative to our Indian tribes ; to make 
a faithful exhibit of Iowa's past and present resources ; 
and to aid the various enterprises for such purposes 
which are within the powers and duties of the Society. 

107. The Superintendent of Weights and. Measures 

superintendent of must be appointed from among the pro- 
weights and Meas- ' ° 

ures. lessors ot the State University. He 

holds office at the pleasure of the Governor and must 
give a bond in the sum of five thousand dollars. He 
has charge of the standards adopted, keeps them in a 
building provided for them, and must see that they are 
safely kept and in no case removed. He provides the 
counties of the State with standards, balances, and other 
means of adjustment as they may order, and as often as 
once in fen years he must compare the same with those 
in his possession. He must deliver to his successor 
everything in his possession belonging to the office. 

108. Whenever his judgment so dictates, the Gov- 
ernor appoints a commission of three competent persons 



72 CIVIL GOVERNMENT OF IOWA. 

to investigate the relations of any State officer to his 
office. If these committeemen so report, 

Investigate Officials 

the Governor suspends such officer until 
a full investigation can be had. Should he deem it 
advisable, he causes the bond of any State officer to 
be increased or a new bond to be given. Four times 
a year he must see that the books, accounts, vouchers, 
and funds in the hands of the State Treasurer are in- 
spected, and he may cause similar inspection of other 
State officials to be made. 

•109. The Governor appoints and commissions Nota- 
ries Public in each county in the State and, 

Notaries Public. . 

at any time, may revoke such appoint- 
ment. Before receiving his commission, each Notary 
must procure a seal, execute a bond in the sum of five 
hundred dollars and file it with the Secretary of State. 
A Notary Public has the power to administer oaths, 
protest notes, take acknowledgments of deeds and other 
instruments that must be put on record. He should 
keep a correct record of each notice of protest issued by 
him, with the time and manner of issuing the same, 
with the name of each party to whom issued, together 
with a copy of the instrument sent. 

llu. All vacancies in the Board of Trustees of the 

Iowa Reform School are filled by the Gov- 

Other VflCciDCics 

ernor by appointment. Also, when va- 
cancies occur in the College for the Blind, they are 
filled by the Governor provided the General Assembly 
is not in session. The Governor fills all vacancies that 
may occur in the office of Warden of either penitentiaiy. 
And if at any time he becomes convinced that said 
official is negligent of his duties, he must remove him 
and appoint another. 



EXECUTIVE DEPARTMENT. 73 

QUESTIONS. 

1. State what is said about the Fish Commissioner. 

2. By whom are the Mine Inspectors appointed ? 

3. What are their duties ? 

4. By whom are the Commissioners of Pharmacy ap- 
pointed ? 

5. State their duties. 

6. What persons compose the Board of Health ? 

7. How do they become members of this Board ? 

8. What are their duties ? 

9. What are the duties of the State Librarian ? 

10. How many members of the State Historical 
Society ? 

11. How do they become members ? 

12. State fully the object of this Society. 

13. What is said about the Superintendent of Weights 
and Measures ? 

14. What is the duty of the Governor m regard to 
the investigation of State officials \ 

15. How do Notaries Public receive their commissions, 
and what are their duties % 

16. State what is said about filling vacancies. 



LESSON XIV. 

EXECUTIVE DEPARTMENT— CONTINUED. 

Officers Appointed by the Governor— Continued. 

ill. The Adjutant General holds his office at the 
pleasure of the Governor. It is his duty to issue and 



74 CIVIL GOVERNMENT OF IOWA. 

transmit all orders sent to him by the Commander-in- 
Chief, and keep a record of all orders, 

Adjutant General. ^ 

regulations, and appointments ot officers 
made by the Governor. He performs the duties of Quar- 
ter-master-general except in times of war or great public 
danger. He has charge of the arsenal grounds; he may 
appoint, with the consent of the Governoiyan Ordinance- 
Sergeant, who assists him in the discharge of his duties; 
and he furnishes, at the expense of the State, such blanks 
and forms as the Commander-in-Chief approves. He 
resides at the capital of the State. Preceding each 
regular session of the General Assembly, he makes a re- 
port to that body on all matters pertaining to his office, 
as required by law. 

112. With the consent of the Executive Council, the 
Railroad com- Governor appoints the members of the 
mission. Railroad Commission ; one member is 

selected each year prior to the first of April . This Com- 
mission consists of three persons, each of whom continues 
in office for the term of three years. If a vacancy 
occurs at any time, it is filled by the Governor and the 
Executive Council. No person who owns bonds, stock, 
or property in any railroad, or has any pecuniary interest 
in one, is eligible to the office of Commissioner. 

113. These Commissioners have the general supervis- 
ion of all railroads in the State, and it is 
their duty to inquire into any neglect or 
violation of the laws by the railroad corporations. They 
must carefully inspect the condition of each railroad 
in the State, examine its equipments, its conduct, and 
management with reference to public safety and conven- 
ience. They must examine railroad bridges, and report 
their condition to the company. They must report to 



EXECUTIVE DEPARTMENT. 75 

the Governor once each year facts, statements, and ex- 
planations, such as to show the system of transportation 
and its relations to the business prosperity of the State. 
The Commissioners have their office in the city of Des 
Moines. 

General Provisions. 

114. The Governor, Lieutenant Governor, and Super- 
Eiection; office Fur- intendent of Public Instruction are elected 
nished, etc. j n odd-numbered years ; the Secretary? 
Auditor and Treasurer of State in even-numbered years, 
and all for the term of two years and until their succes- 
sors are elected and qualified. Their offices must be at 
the seat of government, and they are furnished with fuel, 
lights, blank-books, furniture, and any other thing nec- 
essary to enable them to perform their duties promptly 
and efficiently. Their books must be kept open for the 
inspection of the public, and the office of Treasurer must 
be inspected by the Governor every quarter. 

115. The Governor and Lieutenant Governor execute 

no bond. The bond of the Secretary of 
State is for a sum not less than five thou- 
sand dollars, and is filed and recorded in the State Au- 
ditor's office. The Auditor's bond is for a sum not less 
than ten thousand dollars, and the Treasurer's for not 
less than three hundred thousand dollars. The bond of 
the Superintendent of Public Instruction is for the sum of 
two thousand, that of each Mine Inspector two thousand, 
and of each Railroad Commissioner ten thousand. 
These are filed in the office of Secretary of State. 

The Executive Council. 

116. The Governor, Secretary, Auditor, and Treas- 
urer of State, or any three of them, constitute the Ex- 



76 CIVIL GOVERNMENT OF IOWA. 

ecutive Council. They furnish the County Auditors with 
who compose it. printed directions and blank forms for the 
Duties - proper taking of the census. They keep 

a journal of all their acts, and have the custody of all 
State property not otherwise provided for. They fur- 
nish light, fuel, blank-books, postage, and furniture to 
the State officers, and all other things necessary to a 
speedy and efficient execution of their duties. They let 
to the lowest responsible bidder the contract for provid- 
ing stationery for the General Assembly, the public 
officers, and the Supreme Court. They let the contract 
for the publication and sale of the Supreme Court 
reports. They assess the property of all railway cor- 
porations in the State, and classify all the railroads. 
They approve the bonds of the Treasurer of the Reform 
School, and that of the College for the Blind. 

117. The Executive Council constitutes the State 
state Board of Board of Canvassers, and as such they 

canvassers. canvass the votes cast in the State elec- 

tions ; .but no member thereof can take part in canvass- 
ing the votes for any office for which he is a candidate. 
They make a statement showing the number of ballots 
cast for the nominees of each office, and issue the certifi- 
cates of election to those who receive the greatest num- 
ber of votes. . "*" 

118. As a State Board of Equalization, it is the duty 
state Board of °f * ne Executive Council to increase the 

Equalization. valuation of counties assessed below their 

proper valuation by the County Boards of Supervisors by 
such per cent, as will increase them to that standard. 
Likewise, they deduct from those valued too high such 
percentage as will reduce them to the same standard. 
They also determine the rate of State tax to be levied 



EXECUTIVE DEPARTMENT. 77 

and collected. They keep a record of their proceedings. 
The Auditor of State, by virtue of his office, is secretary 
of the Board. 

QUESTIONS. 

1. State the duties of the Adjutant General. 

2. Where does he reside, and for what length of time 
does he serve ? 

3. What is said of the appointment, number, and 
length of term of the Railroad Commissioners? 

4. How are vacancies filled, and who is excluded 
from being a Commissioner ? 

5. State fully the duties of the Commissioners. 

6. What officers are elected in odd-numbered years ? 

7. What officers are elected in even-numbered years ? 

8. How long do they serve, and where do they have 
their offices ? 

9. With what is each one furnished ? 

10. State the amount of the bond of each officer. 

11. Where are these bonds filed? 

12. What persons constitute the Executive Council ? 

13. State their duties as such. 

14. What are their duties as the State Board of Can- 
vassers ? 

15. As the State Board of Equalization ? 
i6. Who is secretary of the Board ? 



78 CIVIL GOVERNMENT OF IOWA. 



LESSON XV 

JUDICIAL DEPARTMENT 

1. Supreme Court; 2. Officers of this Court; 3. District 
Court; 4. Officers of this Court. 

119. The Judicial power of the State is vested in the 

Supreme and District Courts, and such 

Courts 

other courts as the Legislative bodies 
establish. The Constitution provides that there shall be 
an Attorney General and County Attorneys. They 
must prosecute or defend in all cases in the Supreme 
Court and District Courts wherein the State is a party. 

The Supreme Court. 

120. The Supreme Court* is permanently located at 

Des Moines, and holds four terms each 

Where Held. . 

Number of judges, year. Inere are five judges, the one 
having the shortest time to serve before 
the expiration of his term is Chief Justice. Unless 
three judges are present no business can be transacted, 
but a smaller number may adjourn from day to day, 
to a particular day, or until the next term. If all 
the Judges fail to attend on the first day of the term, 
the clerk must place the fact on record and adjourn 
the court to the following day. And so on till the 
fourth day, when, if none of the Judges appear, the 
court must stand adjourned till the next term. The 

*It is the duty of the Sheriff of the county in which this Court 
is held, to attend it the same as he does the District Court. If he 
cannot do so, then his deputy must perform the duties. 



JUDICIAL DEPARTMENT. 79 

records must in all cases show what the decision is 
whether made by a full bench, and if any Judge dis- 
sents, that must be shown also. 

121. One Judge of the Supreme Court is chosen at 

the general election in each odd-numbered 
year. The number of Judges being in- 
creased to five, the provision was made for the election 
of one Judge in 1876 and another in 1878, and every 
sixth year following these years. 

122. The Supreme Court has appellate jurisdiction 
powers and on ty m chancery cases ; it is a court for 

Duties - the correction of errors at law in cases 

properly brought up to it on writs of error from the 
District Court ; it has power to issue all writs and 
processes necessary to secure justice to parties; it also 
exercises supreme control over all the inferior tribunals 
of the State. Its decisions are final, except in cases 
requiring the construction of the Federal Constitution or 
statutes. It has power to enforce its mandates by fine 
and imprisonment. Some member of this court always 
administers the oath of office to the Governor and Lieu- 
tenant Governor. 

OFFICERS OF THIS COURT. 

1. Attorney General; 2. Clerk; 3. Reporter. 

Attorney General. 

123. It is the duty of this officer to attend at the seat 

of government during the sessions of the 

General Assembly and the Supreme Court; 

to prosecute or defend in all cases, in the Supreme 

Court in which the State is a party to the suit; 

and when requested by the General Assembly, Gov- 



80 CIVIL GOVERNMENT OF IOWA. 

ernor, or Executive Council, he must appear in any suit 
wherein the State is an interested party. He must give 
his opinion in writing upon all questions submitted to 
him by either House of the Legislature, by the State 
officers, by the Executive Council or any County Attor- 
ney. It is his duty to examine the certificates of any 
insurance companies formed in the State ; he may bring 
an action to close up any insurance company ; and may 
bring proceedings against any life insurance company or 
bank association in the State. 

124. The Attorney General is elected by the people 
Election and at a general election in even-numbered 

Bond - years for the term of two years. He must 

give a bond for a sum not less than ten thousand dollars. 

Clerk of the Supreme Court. 

125. The Clerk must have his office at the seat of 

government, and keep a full record of all 
the proceedings of the court, and must not 
permit any written opinion of the court to be taken from 
his office. He may administer oaths, must docket and 
arrange the causes as they are filed, giving due notice 
thereof. 

126. He is elected for the term of four years at a 

general election of the people, in each 

Election. ° ... . , ' w . TT 

fourth year, beginning with 18 <±. He 
must file a bond in a sum of not less than ten thousand 
dollars. 

Reporter of Supreme Court. 

127. This officer is chosen at the same time and for 
Election and the same length of term as the Clerk, and 

Duties. must file a bond for the same amount. He 



JUDICIAL DEPARTMENT. 81 

must furnish the publishers of the Supreme Court 
reports with a copy of the opinions of this court, accom- 
panied with a syllabus of each opinion, together with a 
brief statement of the facts involved and the leading 
propositions made by the counsel. 

QUESTIONS. 

1. In what bodies is the Judicial authority vested? 

2. Where is the Supreme Court held? 

3. How many terms each year are there ? 

4. What is the number of Judges of the Supreme 
Court, and who is Chief Justice ? 

5. How many Judges does it take to transact busi- 
ness ? 

6. What may a smaller number do ? 

7. What is done if none of the Judges attend the first 
day ? The second ? Third ? Fourth ? 

8. What must the records show ? 

9. When are the Judges elected ? 

10. In what cases has this court appellate jurisdiction? 

11. What powers has it and what, of its decisions ? 

12. State fully the duties of the Attorney General. 

13. What of his election and bond ? 

14. 'What are the duties of the Clerk of the Supreme 
Court? 

15. What are the duties of the Reporter? 



82 CIVIL GOVERNMENT OF IOWA. 



LESSON XVI. 

JUDICIAL DEPARTMENT-CONTINUED. 

District Court. 

128. During his term of office the District Judge is 

not eligible to any other office except that 

other office. of Judge of the Supreme Court, and he 

Jurisdiction. ° - . • sl e • 

must be a resident ot the district* tor which 
he is chosen. The Constitution establishes the District 

* The State is divided into eighteen judicial districts, with 
Judges, as follows: 

First— Lee and Des Moines, two Judges. 

Second — Lucas, Monroe, Wapello, Jefferson, Henry, Davis, 
Van Buren and Appanoose, three Judges. 

Third — Wayne, Decatur, Clarke, Union, Ringgold, Taylor and 
Adams, two Judges. 

Fourth — Cherokee, O'Brien, Osceola, Lyon, Sioux, Plymouth, 
Woodbury, Harrison aud Monona, three Judges. 

Fifth— Dallas, Guthrie, Adair, Madison, Warren and Marion, 
three Judges. 

Sixth — Jasper, Poweshiek, Mahaska, Keokuk, Washington and 
Louisa, three Judges. 

Seventh — Muscatine, Scott, Clinton and Jackson, three Judges. 

Eighth — Johnson and Iowa, one Judge. 

Ninth — Polk three Judges. 

Tenth— Dubuque, Delaware, Buchanan, Blackhawk and Grundy, 
three Judges. 

Eleventh — Marshall, Story, Boone, Webster, Hamilton, Hardin, 
Franklin and Wright, three Judges. 

Twelfth— Bremer, Butler, Floyd, Mitchell, Worth, Cerro Gordo, 
Hancock and WinneUago, two Judges. 

Thirteenth — Clayton, Allamakee, Faj'ette, Winneshiek, Howard 
and Chickasaw, two Judges. 

Fourteenth — Buena Vista, Clay, Palo Alto, Kossuth, Emmet, 
Dickinson, Humboldt aud Pocahontas, two Judges. 

Fifteenth — Pottawattamie, Cass, Shelby, Audubon, Montgom- 
ery, Mills, Page and Fremont, four Judges. 

Sixteenth — Ida, Sac, Calhoun, Crawford, Carroll and Greene, 
two Judges. 

Seventeenth — Tama and Benton, one Judge. 

Eighteenth — Linn, Jones and Cedar, two Judges. 



JUDICIAL DEPARTMENT- 83 

Court, which is both a court of law and equity ; it has 
original and exclusive jurisdiction of civil as well as 
criminal causes, when not otherwise provided. All 
appeals from inferior courts must be tried in this Court. 
When the matter has been presented to a Judge of this 
Court, as directed by law, it is his duty to establish a 
Board of Arbitration for the settlement of disputes be- 
tween employers and employees. 

Provisions Relating to the District Court. 

129. At least four terms a year of this Court must 
Terms, Time, be held m every county of the State. The 

etc - Judges of each district determine the times 

and places of holding court. District Judges serve for 
the term of four years, the first election under the new 
plan being in 1886. 

130. Judges may, on account of sickness, or some 
Adioummentand sufficient cause, adjourn court to another 

change of Trial. spec jfi e( i c i ate . If the county in which 
the court is held is a party to the action, or if the 
Judge is directly interested in it, or is related to the 
parties, it is his duty to grant a change of trial. District 
Judges may hold court for each other. 

Provisions Relating to Judges of all the Courts. 

131. A Judge of a court of record cannot practice as 

an attorney at law, or sdve advice in rela- 

Restrictions. . . . 

tion to airy action in court, or about to be 
brought there. And a Judge who is a party to a suit, 
or related (within the fourth degree) to either party to 
the suit, is disqualified from acting as such. 

132. A Judge is not required to give bond, but he must 

subscribe to an oath in effect as follows : 
That he will support the Constitution of 



84: CIVIL GOVERNMENT OF IOWA. 

the United States and that of the State of Iowa, and 
that without fear, favor, affection, or hope of reward he 
will, to the best of his ability and knowledge, administer 
justice according to the law, equally to the rich and poor. 

133. The Judge of any court is authorized to admin- 
powers and i ster oaths, solemnize marriages, and take 
Duries - acknowledgments of any instruments in 

writing. It is the duty of the Judges of courts of record 
to be conservators of peace, and when any one of them 
resigns, such resignations must be made to the Governor. 
Under proper hearing, which satisfies a Judge that a boy 
or girl is a fit subject for the Reform School, he must com- 
mit such person by warrant into the care of the officers 
of that institution. But no one can be sent there who 
is under the age of seven, or of unsound mind. In case it 
is shown a Judge that the parents of any child are dead, or 
are habitual drunkards, or are imprisoned for crime, or 
have neglected to provide for their child, or have aban- 
doned it, if he thinks the welfare of the child demands 
it, he must surrender it to the Home of the Friendless. 

131. A Judge may be a witness for either party to 
the suit, but in such a case it is proper for 

TVitncss. 

him to order that the trial take place before 
some other Judge. 

135. Should any Judge or Justice of the Peace stir up 
any quarrel or suit between persons, with 

Punishment. . . . , , . , 

the intent to injure them, the punishment is 
a fine not to exceed five hundred dollars, and the offender 
is answerable to the injured party for three times the dam- 
age done. Should any one falsely act as Judge or Justice 
of the Peace, or require any one to aid him in the duties 
of such office, his punishment is a fine and imprisonment. 



JUDICIAL DEPARTMENT. 85 

QUESTIONS. 

1. To what other office is a District Judge eligible? 

2. What instrument establishes this court and what 
is its jurisdiction ? 

3. What is the number of terms of this court ? 

4. When and for what length of term are District 
Judges chosen? 

5. In what cases may a Judge adjourn court. 

6. What of Judges exchanging districts ? 

7. What restrictions are placed upon Judges? 

8. Repeat the oath of Judges. 

9. State fully the powers and duties of a Judge. 

10. May a Judge be a witness ? 

11. What punishments may be inflicted upon a Judge 
or Justice of theTeace? 



LESSON XVII. 

JUDICIAL DEPARTMENT— CONTINUED. 

OFFICERS OF THIS COURT. 

1. County Attorney; 2. Clerk; 3. Short-Hand Reporter; 
4. Sheriff. 

County Attorney. 

136. The County Attorney must appear in court for 
the State or county in any cause to "which 

Duties. . . rT i i i n 

either is a party. He should prosecute all 
violations of the liquor law. It is his duty to collect 
and pay to the proper officer all money due the State or 
county. The Grand Jury may ask his advice in any 
legal matter, require him to examine witnesses, to issue 



8b CIVIL GOVERNMENT OF IOWA. 

subpoenas and to draw up bills of indictment. When 
requested to do so, he advises the county officers relative 
to their official duties. County Attorneys are elected in 
even numbered years beginning with 1886. 

Clerk. 

137. Generally, in the appointment of administrators, 

approval of bonds and reports, and in 
making many orders relative to the settle- 
ment of estates, the Clerk has the same powers as the 
Judge. He can neither act as Justice of the Peace nor 
be an attorney -at-law while he is Clerk. His office must 
be at the county seat, and he or his deputy must attend 
all the sessions of the court, have the care of the rec- 
ords, papers and seal thereof, and to keep the records in 
accordance with the law and the instructions of the 
Judges. He must keep a Record Book, Judgment 
Docket, Fee Book, Sale Book, Incumbrance Book, and 
Appearance Docket. In the last one he enters suits in 
the order in which they are filed with him, setting out 
the names of both parties to the cause. 

Short-Hand Reporter. 

138. This officer is appointed by the Judge. There 
Appointment and is one for each court. He takes an oath 

Duties - to perform his duties faithfully. He 

attends such sessions of court as the Judge directs. He 
must take in writing the oral testimony in civil causes, 
when it is requested by either of the parties ; in all 
criminal cases tried upon indictment ; and in other 
criminal trials, if the Judge thinks that the interests of 
either party demand it. 



THE JURY SYSTEM. 8? 

Sheriff. 

139. The Sheriff or his deputy must attend the ses- 
sion of the District Court, and when the 
requisite number of Jurors cannot other- 
wise be obtained, he must select from the bystanders a 
sufficient number of persons to fill the vacancy. If the 
Judge orders that the Jurors be supplied with food or 
lodging, it is the duty of the Sheriff to provide it for 
them at the expense of the county. 

QUESTIONS. 

1. What is the duty of the County Attorney in re- 
gard to appearing for the State or county ? 

2. When must he give his opinion ? 

3. When is he elected ? 

4. What is his bond ? 

5. State fully his duties. 

6. State- fully the duties of the Clerk of the Court. 

7. How many Short-Hand Reporters are there ? 

8. What of their appointment, oath, and duties? 

9. What are the duties of the Sheriff? 



LESSON XVIII. 

THE JURY" SYSTEM. 

140. Any voter who possesses a good moral character, 

Qualifications and sound judgment, and the sense of hearing 

Exemption. an( j see j n g ? j s competent to be a Juror. 



88 CIVIL GOVERNMENT OF IOWA. 

A person who is sixty-five years of age, or is a teacher, 
instructor, or professor in any institution of learning, a 
clergyman, attorney, or physician, or an officer of the 
State or the United States, is privileged from serving as 
a Juror unless he desires to do so. 

141. The Judge may excuse one selected for a Juror 
Excused by the from serving as such for any of the fol- 

Judge - lowing reasons : the sickness or death of 

one of his family ; or where his own interests or those 
of the public will be greatly injured by his attendance. 

142. One who is lawfully chosen to act as Juror and 

fails to attend according to the summons, 

Failure to Attend. re ' 

and also tails to send a sufficient excuse, 
may be lined. And if he neglect or refuse to pay such 
line, he may be imprisoned. 

143. The Judges of Election having been informed by 

the Sheriff of the county of the number of 
Jurors to which their election precinct is 
entitled, make out two lists of names and send them to 
the County Auditor. One of these lists consists of the 
names of seventy-five persons from whom the Grand 
Jurors are selected. The other list, of not less than one 
hundred and fifty persons, from whom the Trial Jurors 
are chosen. These persons are apportioned among the 
townships or voting precincts according to the number 
of votes cast at the preceding election. 

144. The Auditor writes each of these names on a 

slip of paper and puts the slips into a box 

kept for that purpose, and at least twenty 

days before a term of court the Jurors are drawn. From 

this box the Clerk of the court draws out, one at a time, 

a sufficient number to fill the panel of the Jury. The 



THE JURY SYSTEM. 89 

Trial Jury consists of fifteen members in counties con- 
taining less than fifteen thousand inhabitants, unless 
otherwise ordered by the Judge, and of twenty-four in 
those containing fifteen thousand or more. They are 
selected for only one term of court, and cannot be re- 
quired to serve more than two terms in one year. The 
number of Grand Jurors is five in counties whose popu- 
lation does not exceed sixteen thousand, and seven in 
those having more than this number. These Jurors serve 
a full year beginning with the term of court following 
the first day of January. 

145. At the beginning of a suit in court, the Clerk 
Fining up the selects by lot the requisite number of 
jury box. Trial Jurors from those who make up the 

regular panel. Either party has the right to object to 
any Juror. Such objections are called challenges and 
are of two kinds : "for cause," that is, that in some way 
the Juryman is disqualified from serving; or "peremp- 
tory;" in this the challenging party gives no reason for 
his objection. For a challenge of the first class the 
Judge excuses or does not excuse the Juryman from 
serving, as his judgment may direct. He always excuses 
for challenges of the second class, which are limited in 
number. After the challenges have been exhausted and 
the Jury box filled, the Jurymen are sworn and the trial 
proceeds in its regular order till it is completed. The 
arguments by the attorneys are then heard. After 
which the Judge instructs the Jurors as to the law and 
places them under the care of a sworn officer, called 
Bailiff. They retire with the officer for deliberation, 
and must either agree or disagree upon a verdict ; this 
is reported to the Court. 



90 CIVIL GOVERNMENT OF IOWA. 

146. If at any time during the trial the Jurymen 

separate, it is their duty not to converse 

Duties of Jurymen. .,1.1 . , . 

with other persons concerning any subject 
connected with the suit. It is the duty of the Grand 
Jury to inquire into all offenses committed within the 
county, and if they are indictable, present the persons 
committing them to the court by indictment. If one of 
their number knows or has reason to believe that such 
public offense has been committed, it is his duty to re- 
port it to his fellow Jurors, who must enter into an 
investigation of the same. From the number summoned 
as Grand Jurors, the Judge appoints one to act as fore- 
man and to swear the witnesses. 

147. The Grand Jury selects a clerk from their mini- 
*powers of Grand Der wn0 mi *st make a minute of the pro- 

Jurors •ceedings and of the evidence given before 

it. The Clerk of the Court issues subpenas summoning 
witnesses to testify before the Grand Jury. A witness 
may be compelled to obey the summons, and may be 
punished for disobeying it. Should he refuse to answer 
a question, the Grand Jury must proceed with him into 
the court room, and, distinctly stating the refusal to the 
Judge, await his decision. A Grand Juror shall not be 
questioned for what he may have said, or for any vote 
he may have cast, unless he has committed perjury. 
For this offense he may not only be questioned, but may 
be punished. 

14S. The Grand Jury must especially inquire into 
the following : 

1. Any one who is confined in the county jail on a 
criminal charge. 

2. Into the management and condition of any public 
prison in the county. 



THE JURY SYSTEM. 91 

3. Into the willful misconduct in office of any county 
officer. 

4. Into obstructed highways. 

149. And in no case can an indictment be found 
otherwise than by the concurrence of four 

Indictment. . . n ~ , T „ 

when there are live Grand Jurors, or live 
when there are seven. And when a bill or indictment 
has thus been found, it must be endorsed a "true bill," 
and signed by the foreman. 

QUESTIONS. 

1. Who is competent to be a Juror, and who is privi- 
leged from serving as such ? 

2. When may a Juror be excused from serving ? 

3. What of the failure to attend when chosen as a 
Juror. 

4. State what is said of returning lists to the County 
Auditor. 

5. Upon what basis is the apportionment made ? 

6. State what is said about drawing Jurors. 

7. What is the number of Jurors? 

8. What about filling up the jury-box and challenging 
Jurors ? 

9. State all you can about the trial, and the retire- 
ment of the Jurors. 

10. What are the duties of Jurors ? 

11. State all that is said about the powers of Grand 
Jurors. 

12. Into what offenses must the Grand Jury especially 
inquire ? 

13. What of the finding of the Grand Jury and the 
indictment ? 



92 CIVIL GOVERNMENT OF IOWA. 

150. Reference Table. 

ANNUAL SALARIES OF OFFICERS. 

Members of either body of the General Assembly (See par, 59) $ 550 

Speaker of the House of Representatives 1, 100 

Governor 3,000 

Governor's Private Secretary 1,500 

Lieutenant Governor (and mileage as a Legislator) 1,100 

Secretary of State 2,200 

Deputy Secretary of State 1,500 

Auditor of State 2.200 

Deputy Auditor of State 1,500 

Treasurer of State... 2,200 

Deputy Treasurer of State 1,500 

Superintendent of Public Instruction 2,200 

Deputy Superintendent of Public Instruction 1,500 

Fish Commissioner _ 1,200 

Inspectors of Mines, each 1,200 

Secretary of the Board of Health, not to exceed 1,200 

State Librarian 1,000 

First Assistant Librarian 600 

Second Assistant Librarian 500 

Superintendent of Weights and Measures 50 

Adjutant General 1,500 

Ordnance Sergeant 500 

Railroad Commissioners each _ 3.000 

Judges of the Supreme Court, each. 4,000 

* Attorney General '. 1,500 

Clerk of the Supreme Court 2,200 

Deputy Clerk of the Supreme Court 1,500 

Supreme Court Reporter 2,000 

Judges of the District Court, each 2,500 

f County Attorney, not less than 300 

Short Hand Reporter, not to exceed per day 6 

Commissioners of Pharmacy receive; 

From each person whom they register and furnish a certificate, 2 

From each person examined 5 

* Whenever the Attorney General is required to attend any of 
the courts of the State, or the Federal Courts in any State, he receives, 
in addition to his salary, five dollars for each day's attendance, with 
mileage 

f The salary of County Attorney cannot exceed five hundred 
dollars in counties containing only five thousand inhabitants ; six 
hundred in those containing over five thousand and less than ten 
thousand ; seven hundred and fifty in those containing over ten 
thousand and less than fifteen thousand ; nine hundred in those con- 
taining over fifteen thousand and less than twenty thousand ; one 
thousand in those containing over twenty thousand and less than 
thirty thousand ; and one thousand five hundred in those containing 
over thirty thousand. In some suits fees and actual expenses attend- 
ing the trial are allowed. The adjustment of this officer's salary is 
made by the Board of Supervisors. 



CIVIL GOVERNMENT OF THE COUNTY. 93 



DIVISION TWO. 



LESSON XIX. 

CIVIL GOVERNMENT OF THE COUNTY. 

The Outline. 

II, County. — A. Legislative: 1. Board of Supervisors. 

B. Executive : 1. Board of Supervisors. 

2. County Treasurer. 
8. County Auditor. 

4. County Superintendent. 

5. County Clerk. 

6. Sheriff of the County .- 

7. County Recorder 

8. County Attorney. 
0. County Surveyor. 

10. Coroner. 

11. Officers appointed. 

C. Judicial: 1. District Court. 

County. 

152. In the county organization we find the same 
departments as in the State : A, Legislative ; B, Execu- 
tive ; C, Judicial. 

153. The State is divided into ninety-nine counties. 
Divisions of the ^ was intended that each county should 

state> contain sixteen townships, but for various 

reasons there are many exceptions ; some counties con- 
tain more, and some less in number. 

154. The city or town located nearest the center is 

usually the county seat. At this place the 

County Seat. J J / 

courts are generally held and the county 



91 CIVIL GOVERNMENT OF IOWA. 

offices located. Besides these, many other advantages 
combine to make it the center of influence and wealth. 

155. The distribution of powers, in a measure, is the 
Distribution of same in the county as in the State. 

powers. Whilst the divisions are not distinctly 

marked, there is in a sense a division into departments ; 
Legislative, Executive, and Judicial. The powers of the 
different departments are sometimes vested in the same 
officer, thus showing a tendency to centralization. In 
some instances the members of the Board of Super- 
visors execute the laws ; in others, they sit as a court. 
The same is true of the County Superintendent, and 
some other officers. 

156. County officers are elected for the same time 
Election and an d f° r the same period as the State offi- 

Term of office. cerg ^ w ^jj ttiis exception i each member of 
the Board of Supervisors holds for three years. 

LEGISLATIVE. 

Board of Supervisors. 
157. All Legislative powers of the county are lodged 
power to Legis- w ^h the Board of Supervisors. As the 
late - General Assembly may enact no law con- 

trary to the Constitution of the State, so the members 
of the Board must follow the statutes as far as directed by 
them. But their jurisdiction includes an important part 
of the local government, which is not directly reached by 
statute, and herein they exercise their power to legislate. 
As the General Assembly establishes and maintains 
State institutions, so does the Board the county institu- 
tions. The State officers report to the Legislative bodies; 
the county officers to the Board of Supervisors. As the 
State is divided by the Legislators into districts for the 



CIVIL GOVERNMENT OF THE COUNTY. 95 

election of Senators and Representatives, so may the 
county be divided by the Board of Supervisors into dis- 
tricts for the election of members thereof. 

158. The Board of Supervisors consists of three qual- 
ified electors chosen by the voters of the 

General Provisions. , T , . ,, i n i n 

county. No two of them shall be from 
the same township or district. At their first meeting 
in each year, the members of the Board must organize 
by electing one of their number chairman, who presides 
at their meetings, and has power to administer oaths 
concerning any matter before them. A majority of the 
Board is a quorum to transact business. The regular 
sessions begin on the first Monday in January, June, 
September, and the first Monday after the general elec- 
tion in each year. Special meetings may be called by 
the County Auditor upon the written request of a ma- 
jority of the Board. 

EXECUTIVE. 

1. Board of Supervisors; 2. Treasurer; 3. Auditor; 4. 
Superintendent; 5. Clerk; 0. Sheriff; 7. Recorder; 
8. County Attorney; 9. Surveyor; 10. Coroner; 11. Of- 
ficers Appointed. 

Board of Supervisors. 

159 The following are among the many poivers of 
the Board : To purchase real estate* for the county when 

* This gives the Board the power to establish, maintain, and 
control a poor house and farm. Poor persons who cannot support 
themselves, and fail to find support from their relatives or friends, 
may here find shelter, food, and clothing. No person can be adinit- 
ted^except upon the written order of a township Trustee or a member 
of the Board of Supervisors. The Board may bind out such chil- 
dren of the poor house as they think are likely to remain a charge 
upon the public. When any inmate becomes able to support himself 
the Board may order his discharge. Those who are inmates of the 
poor house may be required to do such work as their age and strength 
will permit. The expense of thus supporting the poor is paid out of 
the county treasury. 



\)b CIVIL GOVERNMENT OF IOWA. 

it is needed ; to see that county officers give bonds suffi- 
powersofthe cient to insure the faithful performance 
Board - of their duties ; to require them to make 

reports on subjects connected with their offices ; to have 
the care and management of the business and property 
of the county not otherwise provided for ; to fix the 
compensation of any county or township officer not pro- 
vided by law ; to lay out, establish, alter, or discontinue 
any highway ; to build and repair bridges ; and to exer- 
.cise over the poor all the powers given by law. 

160. The Board may submit to a vote of the people 
submit Questions, the question of building a court house in 

etc - the county, also, whether stock shall run 

at large ; may contract for the support of the poor, if 
there is no poor house ; procure standard weights and 
measures ; appoint an inspector of lumber and shingles ; 
and designate a county sealer who holds his office at 
the pleasure of the Board. 

161. The following are among the many duties which 

the Board must perform : provide ballot 

Special Duties. , „ . 

boxes tor each voting precinct ; secure a 
place for holding court when there is no court house ; 
furnish Justices of the Peace with dockets, and county 
officers with offices, lights, fuel, stationery, and what- 
ever is necessary to a speedy and proper execution of 
their duties; manage and control the school fund; ex- 
amine all accounts and settle all just claims against 
the county ; publish the proceedings of the Board ; and 
if any member resign, such resignation must be made 
to the County Auditor. 



CIVIL GOVERNMENT OF THE COUNTY. \)i 

QUESTIONS. 

1. Do not fail to master the outline of the civil gov- 
ernment of the county. 

2. State what is said about the departments in the 
county organization. 

3. About the division of the State into counties. 

4. About the county seat. 

5. State Avhat is said about the distribution of powers. 

6. What of the election and term of office of county 
officers ? 

7. With what body is the Legislative power vested ? 

8. What can you say of the power of the Board to 
legislate ? 

9. State what you can about the general provisions 
for the Board. 

10. Name the Executive officers of the county. 

11. What are the powers of the Board ? 

12. State fully the special duties of the Board. 



LESSON XX. 

CIVIL GOVERNMENT OF THE COUNTY — CON- 
TINUED. 

Board of Supervisors— Continued. 

162. The Board must keep the following books: 1. 
Minute Book ; in which decisions made by 

Books to be Kept. . in-,,* -i 

them and all orders tor money are kept ; 
2. Highway Record ; in which are recorded all proceed- 

7 



98 CIVIL GOVERNMENT OF IOWA. 

ings regarding highways ; 3. Warrant Book ; in which 
are entered the number, date, amount, and name of the 
drawee of every warrant drawn on the treasury. 

163. It is the duty of the Board of Supervisors to 
county Board of equalize the assessment of taxes in the 

Equalization. various townships of the county. This is 

done with a like effect, and substantially in the same 
manner, as that of the State Board of Equalization. 

164. This Board also constitutes the County Board of 
county Board of Canvassers. As members of this Board, 

canvassers. ^y raee t a t n0 on on Monday following 

the election and canvass the returns of the different 
townships of the county. They make an abstract of the 
number of ballots cast for each person. The vote cast is 
classified as follows, each class being on a separate sheet: 

1. Governor and Lieutenant Governor; 

2. All State officers not otherwise provided for ; 

3. Representatives in Congress ; 

4. Senators and Representatives from the county in 
the General Assembly. 

5. Senators and Representatives in the General As- 
sembly by districts comprising more than one county ; 

6. Judges of the District Court and County Attor- 
neys; 

7. County officers. 

County Treasurer. 

165. The Treasurer receives all the money payable 

to the county, and pays it out only on 
warrants drawn and signed by the Audi- 
tor, and sealed with the county seal. He keeps an 
account of the warrants drawn on him, showing the 
number, date, drawee's name, when and to whom paid, 



CIVIL GOVERNMENT OF THE COUNTY. 99 

the amount and interest paid on each, and makes a 
return thereof to the Auditor. He keeps a separate 
account of the State, county, school, and highway 
taxes. 

166. On or before the fifteenth day of each month, 

the Treasurer must make a sworn state- 

Sworn Statement. „,, . „ • i • 1 i 

ment of the amount ot money in his hands 
on the first day of the month, and send it by mail to the 
State Auditor. 

167. Twice each year, in April and December, unless 

otherwise ordered, he must remit to the 
State Treasurer all moneys in his posses- 
sion belonging to the State. 

168. At the regular meetings in January and June, 
settlement with ne must make a settlement with the Board 

Board - of Supervisors. Also, on going out of 

office, he makes a similar settlement, delivering up to 
his successor all books, papers, moneys, and property 
belonging to the office, and takes a receipt therefor. 

169. The salary of the County Treasurer arises from 

two sources : on the certificates of pur- 

Compensation. . „ , 1 , . „ 

chase ot land sold tor taxes, and a certain 
per cent, of the money handled by him. When the 
amount arising from these sources exceeds twelve hun- 
dred dollars per annum, in counties where taxes are col- 
lected by township collectors, or fifteen hundred dollars 
in counties having no such collectors, the excess must be 
paid into the county treasury. But in counties whose 
population does not exceed ten thousand, the salary can 
in no case exceed thirteen hundred dollars. And in 
counties exceeding thirty thousand population, the 
members of the Board of Supervisors may allow such 
additional compensation as they deem just and proper. 



100 CIVIL GOVERNMENT OF IOWA. 



County Auditor. 

170. The Auditor is clerk of the Board of Super- 
visors. As such, it is his duty to record 

Duties. . 

the proceedings of that body ; to enter on 
record all acts regarding the raising of money and pay- 
ing it out ; to sign all orders for the payment of money 
issued by the Board ; and to record the reports of the 
County Treasurer. It is his duty to preserve all accounts 
acted upon by the Board. He sells or disposes of the 
session laws, or acts of the General Assembly, placed 
in his charge ; he sends to the Auditor of State an 
abstract of the votes of each election ; also an abstract 
of the census of the county. He makes out the appor- 
tionment of jurors to each election precinct, and sends it 
to the Sheriff; he supplies each election precinct with 
poll books ; and he notifies the Governor if a vacancy 
occurs in the office of Senator or Representative. He 
keeps a record of the bonds of the county officers, and 
makes out the tax list, delivering it to the County Treas- 
urer. This list includes the apportionment of taxes and 
the interest on the school fund. He also certifies to the 
Attorney General a list of those belonging to the militia. 

171. The Auditor calls special meetings of the Board 
special Meetings upon the written request of a majority of 

of the Board. ^ ie members thereof. He must give each 

one a written notice stating the time, place, and object of 
the meeting. 

172. The salary of the Auditor cannot exceed twelve 

hundred dollars, except in counties con- 

Compensation. ... ., , . n , , 

taming more than twenty-five thousand 
inhabitants. In such counties, the members of the 



CIVIL GOVERNMENT OF THE COUNTY 101 

Board of Supervisors may grant such additional com- 
pensation as they think is right. 

County Superintendent. 

173. The County Superintendent must hold a Normal 
Institute for the instruction of teachers ; 
he must publicly examine persons desiring 
certificates to teach ; must decide appeals from the decis- 
ions of Boards of Directors ; must visit the schools of 
the county ; and must have the general oversight of the 
school work throughout the county. In October of each 
year, he makes a report to the State Superintendent of 
Public Instruction containing a full abstract of the 
reports made to him by the Secretaries and Treasurers of 
the school districts in the county. 

lTtt. In the administration of his duties, the law vests 
Discretionary Pow- tne Superintendent with large discretion- 
ers - ary powers. He may revoke a teacher's 

certificate for any cause that would have justified him 
in withholding it. In the examination of teachers for 
certificates, it is the duty of the Superintendent not only 
to inquire into the literary qualifications, but into the 
moral character, ability to govern, and aptness to teach. 
In no department are there higher interests at stake than 
in that of the common schools. The teacher is a mighty 
factor in the formation of correct habits on the part of 
the pupil, of a love of right principles, of stability and 
firmness of character, and thus in the destiny of our 
Kepublic. 

175. The County Superintendent receives four dollars 
for each day necessarily spent in performing 
the duties of his office. The members of 
the Board of Supervisors may allow him whatever addi- 
tional compensation their discretion and judgment direct. 



102 CIVIL GOVERNMENT OF IOWA. 

QUESTIONS. 

1. What books are kept by the Board ? 

2. What duty must the County Board of Equaliza- 
tion perform ? 

3. State fully the duty of the County Board of Can- 
vassers. 

4. What are the duties of County Treasurer ? 

5. What sworn statement, and what remittances of 
money does he make? 

6. What of his settlement with the Board of Super- 
visors ? 

7. What is the compensation of the County Treas- 
urer? 

8. State clearly and fully the duties of the County 
Auditor. 

9. What is said about special meetings of the Board 
of Supervisors ? 

10. What is the compensation of the County Auditor ? 

11. What are the duties of the County Superintendent ? 

12. What of his discretionary powers ? 

13. What qualifications of the teacher should he in- 
quire after? 

14. What can you say of the influence of the teacher? 



LESSON XXL 

CIVIL GOVERNMENT OF THE COUNTY— CON- 
TINUED. 

County Clerk. 

176. This officer has many duties in addition to those 

stated in paragraph 137. He issues 

license for marriage and keeps a record of 

the marriages, births and deaths. He issues subpenas 






CIVIL GOVERNMENT OF THE COUNTY. 103 

for witnesses; certifies to the County Auditor the fees of 
Jurors ; appoints guardians, administrators, and execu- 
tors when the court is not in session ; and is a member 
and the Clerk of the Commissioners of the Insane. 
When a case has been tried by a jury, the Clerk gener- 
ally enters judgment, which must always be in accord 
with the verdict. If a judgment has been satisfied, or 
set aside, he should at once make the record show it. 

177. It is the duty of any one having a will in cus- 

tody- to file it with the Clerk as soon as he 

Wills 

hears of the death of the testator. The 
Clerk must then open and read the will, and appoint a 
day for proving it. This is called probating a will. 

178. The Clerk cannot receive more than eleven hun- 

dred dollars per annum, in a countv whose 

Compensation. " 

population does not exceed ten thousand ; 
nor more than thirteen hundred, when the population 
does not exceed twenty thousand; nor more than fifteen 
hundred, when the population does not exceed thirty 
thousand. In counties exceeding that number, the 
members of the Board of Supervisors may allow ad- 
ditional compensation not to exceed twenty-five hundred 
dollars. And in counties exceeding forty thousand, they 
may allow not to exceed thirty-five hundred dollars. But 
in addition to the above he may receive not more than 
three hundred dollars in fees collected by himself. 
Sheriff of the County. 

179. The duties of the Sheriff are various. He must 

give notice of any general election by pub- 
lishing the Governor's proclamation ten 
days prior thereto. In taking private property for pub- 
lic purposes, in case the parties disagree, he must 
appoint a jury to assess the damages. He is primarily 
a peace officer, and must keep order and quiet in the 



KM CIVIL GOVERNMENT OF IOWA. 

community. And when there is a tumult, or riot, or 
imminent danger, he may call for the militia to assist in 
enforcing the laws. When a Jury is deliberating upon 
a case, he must supply them with food, as the Judge 
may direct. 

180. The compensation of the Sheriff consists mostly 

of fees, which vary according to the labor 

involved in the performance of the duties. 

He is also allowed an annual salary, as the Board of 

Supervisors may determine ; but it cannot exceed two 

hundred dollars. 

County Recorder. 

181. This officer must record in full, in accordance 

with the law, and as speedily as possible, 
all instruments filed with him for that pur- 
pose. The following are the principal instruments filed 
with him for record: Deeds, mortgages, chattel mort- 
gages, satisfaction of mortgages, leases, releases, articles 
of incorporation, town plats, and powers of attorney. 
182. The salary of the County Recorder is derived 
from fees, as follows : Fifty cents for re- 

Compensation. ... . . . . . n 

cording each instrument containing tour 
hundred words ; and ten cents for every additional hun- 
dred or fraction thereof. 

County Attorney. 

183. This subject having been fully treated in para- 
graphs 136, it is inserted here only to preserve the clas- 
sification. 

County Surveyor. 

184. The County Surveyor makes all surveys of 

land when called upon. He must record 

Duties 

his field notes and plats in a book for that 
purpose, furnished him by the Board of Supervisors. 



CIVIL GOVEENMENT OF THE COUNTY. 105 

185. This officer receives four dollars for each day's 

work, and fifty cents for each plat or copy 

Compensation. i 

oi the held notes made. 
Coroner. 

186. The Coroner must perform the duties of Sheriff 

when that office is vacant, or in cases in 
which the Sheriff is personally interested 
or prejudiced. He must hold an inquest upon the body 
of any person who dies in an unusual manner. It is his 
duty to select three electors of the county, who must act 
as Jurors at the inquest. He has the power to compel 
witnesses to be present and give testimony; and should 
he deem it advisable, he may summon one or more phy- 
sicians to assist in the examination. 

187. The Coroner returns to the District Court a list 
Returns to the °f the witnesses, the written evidence as 

District court, taken down by the Q^fc during the in- 
quest, and the written conclusion of the Jurors. If it is 
found that a crime has been committed on the body of 
the deceased, the conclusion of the Jury is sufficient to 
warrant the arrest of the offender. 

188. The Coroner receives five dollars for each in- 

quest taken and returned, and three dol- 

Compensation. . 

lars tor the examination ot a body without 
an inquest. He also receives mileage fees for each war- 
rant, subpena, or order issued by him; he is also paid 
for the distance which he travels. 

QUESTIONS. 

1. State clearly and fully the duties of the County 
Clerk. 

2. What is said of wills ? 

3. What is the compensation of the County Clerk ? 

4. What are the duties of the Sheriff of the County ? 

5. When may he call for the militia? 



106 CIVIL GOVERNMENT OF IOWA. 

6. What is his compensation ? 

7. State the duties of County Auditor. 

8. Name the principal instruments filed with him for 
record. 

9. What is his compensation % 

10. What are the duties of the County Surveyor? 

11. What is his compensation ? 

12. State fully the duties of Coroner. 

13. What returns does he make to the District Court \ 

14. State the compensation which he receives. 



LESSON XXII. 

CIVIL GOVERNMENT OF THE COUNTY— CON- 
TINUED. 

OFFICERS APPOINTED. 

Commissioners of Insanity. 

189. In each county there must be a board of three 

Commissioners of Insanity. The County 

dumber' etc v v 

Clerk is one member of this board ; the 
Judge of the District Court appoints the other two 
members, one of whom must be a lawyer, the other a 
physician. Each member serves for three years, and 
the term of one Commissioner expires each year. 

190. These Commissioners have cognizance of all 

applications for admission to the Hospital, 
or for the safe keeping otherwise of insane 
persons within the county, except such cases as are spe- 
cially provided for. They have the power to issue sub- 



CIVIL GOVERNMENT OF THE COUNTY. 107 

penas, and compel obedience thereto; to administer 
oaths ; and to do any act necessary and proper in the 
premises. 

General Provisions. 

191. The Treasurer, Auditor, Clerk, Sheriff, and 
selection of Recorder may select the newspapers in 

Newspapers. which they publish the business notices 

pertaining to their offices. And the Board of Supervis- 
ors selects those in which all other notices of county 
business are published. 

192. At the general election in even-numbered years, 

the voters elect the Clerk, Recorder, County 
Attorney, and member of the Board; in odd- 
numbered years, the Treasurer, Auditor, Sheriff, Super- 
intendent, Coroner, Surveyor, and member of the Board. 

193. The bonds of the Treasurer, Auditor, County 

Attorney, and Clerk cannot be for a sum 
less than five thousand dollars, and each 
may be increased at the discretion of the Board. The 
Treasurer's bond is usually given for a large sum, often 
for more than one hundred thousand dollars. The amount 
of the bonds of the other officers is wholly under the 
control of the Board of Supervisors. 

194. The Clerk, the Treasurer, Sheriff, Auditor, Re- 

corder, and Surveyor may each appoint 
deputies, who must also file bonds. 
195. Any county officer may be removed from office 
for habitual or willful neglect of duty, 

Removal. . . , . . . . c . . 

partiality, oppression, extortion, corrup- 
tion, or willful mal-administration in office. Also he 
may be removed upon conviction of felony, or for not 
producing and accounting for all public funds or prop- 
erty in his care. 



108 CIVIL GOVERNMENT OF IOWA. 

196. Each county officer must report any information 
in his possession regarding his office when called upon to 

do so by the Governor, or by either body 
of the General Assembly. All county 
officers must have their offices at the county seat. The 
Clerk, Sheriff, Auditor, or their deputies may adminis- 
ter oaths. 

197. Ladies may fill the offices of County Recorder 
and Superintendent. 

JUDICIAL DEPARTMENT. 
District Court. 

198. Formerly each county had a Judicial depart- 
ment known as the County Court. The court named 
above now does the business which was done by the 
County Court. 

The Justice of the Peace has jurisdiction in any part 
of the county, but since he is elected as a township 
officer, he is classified there. 

We thus find that while there is sufficient judicial 
authority in the county, the officers thereof are elected 
by districts or townships. 



QUESTIONS. 

1. Who are members of the Board of Commissioners 
of Insanity ? 

2. How long do they serve ? 

3. What are their powers ? 

4. Who selects the newspapers in which to publish 
county business notices ? 



CIVIL GOVERNMENT OF THE COUNTY. 109 

5. For what amount are the bonds of county officers 
given ? 

6. What of the appointment of deputies ? 

7. State what is said about the removal of county 
officers '( 

8. What is said about their duties in this lesson ? 

9. What offices may ladies fill ? 

10. What court did we formerly have in each county \ 

11. What court has taken the place of this one ? 

12. What is said about the Justice's Court ? 

13. What about the Judicial authority of the county? 



110 CIVIL GOVEKNMENT OF IOWA. 



DIVISION THKEE. 



LESSON XXIII. 

CIVIL GOVERNMENT OF THE TOWNSHIP. 

The Outline. 

III. Township.— 

A. Legislative: 1. Township Trustees. 

2. School Board. 

B. Executive: 1. Township Trustees. 

2. Township Clerk. 

3. Township Assessor. 

4. Constable. 

5. Road Supervisors. 

6. School Officers. 

C. Judicial: 1. Justices of the Peace 

Township. 

199. In this part we find the same departments as in 
those we have studied : A. Legislative ; B. Executive ; 
C. Judicial. 

200. As the State is divided into counties, and the 

counties into townships, so the townships 

Divisions. -...,,. -,, . . 

are divided into smaller organizations. 
The members of the School Board may divide the 
township into such sub-districts as in their judgment 
the educational interests demand; the Board of Trustees 
may divide it into as many road districts as may be 
necessary for the public good, and into two or more 
voting precincts to suit the convenience of the electors. 



CIVIL GOVERNMENT OF THE TOWNSHIP. Ill 

201. The distribution of powers in the township is 
Distribution of much the same as in the county ; not dis- 

Powers - tinctly marked as in the State, but sufficient 

to justify the same outlines. The powers of the differ- 
ent departments are vested in the Township Board of 
Trustees and the School Boards. 

LEGISLATIVE. 
1. Township Trustees ; 2. School Boards. 

This department is restricted in the same way as that 
of the county. 

Township Trustees. 

202. The number of this Board of Trustees is three. 

In the capacity of Legislators, they des- 
ignate the place of holding elections and 
the number of voting precincts ; divide the township 
into road districts, and determine the amount of tax 
to be levied. And as a Board of Health, they have the 
power to make whatever regulations they deem neces- 
sary for the preservation of the health of the public. 

203. On a petition of a majority of the voters of the 
consolidate Road township, the Trustees may consolidate 

Districts. fae road districts into one highway dis- 

trict. They may let the working of the highways to 
the lowest responsible bidder. Or they may appoint 
a Township Superintendent of Highway, with one or 
more assistants. This officer, under the direction of the 
Board, supervises part or all the work of keeping the 
roads in repair. Under this plan, no road funds can be 
paid out without the order and direction of the Trustees. 

School Board. 
The School Board has Legislative powers and duties, 



112 CIVIL GOVERNMENT OF IOWA. 

but these, with their other powers and duties, are treated 
of as a whole in the next lesson. 

EXECUTIVE 
1. Trustees; 2. Clerk; 3. Assessor; 4. Constable; 5. Road Su- 
pervisor; 6. School Officers. 

Township Trustees. 

204. The Township Trustees are the overseers of the 

poor, fence viewers, and Board of Equali- 
zation. Thus they have the care and over- 
sight of the poor, must settle disputes with regard to 
partition fences, and equalize the assessments of prop- 
erty. They make and deliver a list of the qualified 
voters of the township, Avhich is known as the register 
of elections. They must keep a full record of their 
proceedings. 

205. Each member of the Board receives two dollars 

for every day he is engaged in official busi- 

Compensation. ™. „ , ,.~, 

ness. Ihe wages vary for the different 
duties of committee work. 

Township Clerk. 

206. The Clerk is Secretary of the Board of Trustees 

and must keep an accurate account of 
their proceedings. He is a member of 
the Board of Registry, keeps a register of the elections, 
is one of the clerks of election, and after each election 
sends to the County Auditor a report thereof. He is 
Clerk of the Board of Health, approves the bonds of 
township officers (except his own), and makes and certi- 
fies to the highway tax list. 

207. He receives two dollars for each day engaged 

in official business. Part of his compen- 

Compeusation. . . ,. „ 

sation arises from fees. 



CIVIL GOVERNMENT OF THE TOWNSHir. 113 

QUESTIONS, 

1. Do not fail to master the outline on page 112. 

2. What departments of government do we find in 
Division III? 

3. What is said of the divisions in the township ? 

4. How does the distribution of powers compare with 
that of the county or State ? 

5. What is the number of Township Trustees, and 
what are their powers in the capacity of Legislators ? 

6. How may the road districts be consolidated ? 

7. What provision may then be made for working 
the highway ? 

8. Name the Executive officers of the township. 

9. Make a clear statement of the duties of Township 
Trustees. 

10. What is their compensation ? 

11. What are the duties of the Township Clerk ? 

12. What is his compensation ? 



LESSON XXIV. 

CIVIL GOVERNMENT OF THE TOWNSHIP- 
CONTINUED. 

Township Assessor. 

208. Every tenth year, the Assessor takes the census 
of the township and sends it to the County 

Duties. 

Auditor. This began in 1875. Each year 
he lists every person in his township and assesses all 



114 CIVIL GOVERNMENT OF IOWA. 

personal property except what is exempted from paying 
taxes. Every other year he assesses the real property. 
He returns all persons subject to military duty, and the 
names, age, and sex of all soldiers' orphans. 

209. He receives two dollars for each day's 

Compensation. WOl'k. 

Constable. 

210. The Constable is subject to all lawful demands 

of the Justice of the Peace, and serves 
any process legally directed to him by the 
Township Trustees, Clerk, Coroner of the county, or 
any Court. As the Sheriff is the Executive officer of 
the District Court, so is the Constable of the Justice's 
Court. But the Sheriff may also act as Executive officer 
of this court. 

211. The compensation of this officer is wholly made 

Compensation. U p f fees. 

Road Supervisor, 

212. There is one Highway or Road Supervisor for 

each road district. And as such he must 
require all able-bodied persons between the 
ages of twenty-one and forty-five to perform two days' 
labor on the higlrway. In every case he should give 
three days' notice ; also, when the work is completed, 
he signs and delivers a certificate or road receipt, show- 
ing that the work has been done. 

213. It is his duty to keep the roads in as good 
KeepKoadsin repair as the funds in his hands will per- 

Kepair - mit. And if proper notice has been given 

him, he is liable for damages when he neglects to repair 
a highway or bridge. 



CIVIL GOVERNMENT OF THE TOWNSHIP. 115 

214. Each Supervisor receives two dollars for every 

day necessarily spent in performing the 

Compensation. .. . ,, , . ~ 

duties ot his omce. 

School Officers. 

215. There are three classes of School Boards. The 

first is the District Township Board ; the 
district township usually embraces the ter- 
ritory of the civil township, which is divided into sub- 
districts. Each of these districts elects annually one 
Sub-Director ; these Sub-Directors together make up the 
School Board of the township. As the number of sub- 
districts in the various townships differ, so does the 
number of members of the various School Boards. The 
second is the Independent District, in which the Board 
consists of three members in districts whose population 
is less than five hundred ; and six members when it 
exceeds this number. The third is the Board of the 
Independent* District of the Township. In this the 
whole civil township is embraced in one independent dis- 
trict. By this plan there are three members of the 
School Board when the population of the township is 
less than five hundred, and six when it exceeds that 
number. The members are not chosen from the sub- 
districts, but from the township at large. 

216. Each Board organizes by choosing a President, 

* "The plan of making each civil township an independent dis- 
trict, governed by a board of directors chosen from the township at 
large, is, in many respects, the best system yet devised. It reduces 
the number of school officers, provides for gradual changes in the 
board, secures uniform taxation for the support of schools through- 
out the township, encourages the establishment of graded schools for 
advanced scholars, and tends to the selection of teachers according to 
the qualifications and work required in each particular case." — Re- 
marks on school laws by State Superintendent of Public Instruction. 



116 CIVIL GOVERNMENT OF IOWA. 

Secretary, and Treasurer. In the District Township, the 
Treasurer and Secretary mav be chosen 

Officers. 

from the members of the Board, if that 
consists of five or more in number. Otherwise, these offi- 
cers must be chosen from persons outside the Board. In 
the Independent District and the Independent District 
of the Township, the Treasurer must always be chosen 
outside the Board. If the population of the district is 
less than five hundred, the Secretary may or may not be 
chosen from the Board; in other cases, he must be chosen 
outside. 

217. It is the duty of the President to preside at all 
Duties of Pres- meetings of the Board, to call special meet- 

ident - ings, to sign all orders for money, sign all 

contracts made under the direction of the Board, and 
concur with the Sub-Director in dismissing a pupil from 
school. 

218. It is the duty of the Secretary to give notice of 
Duties of secre- the township meeting, notify the County 

tary - Superintendent when each term of school 

will begin, and make an annual* report to him. He 

* The annual report of the Secretary contains the following 
items : 

1. The number of persons, male and female, each, in his district, 
between the ages of live and twenty-one years. 

2. The number of schools and branches taught. 

3. The number of pupils and the average attendance in each 
school. 

4. The number of teachers employed, and the average compen 
sation paid per week, distinguishing males from females. 

5. The length of school in days, and the average cost of tuition 
per week for each pupil. 

6. The text-books used, and the number of volumes in the dis- 
trict library, and the value of apparatus belonging to the district. 

7. The number of school houses and their estimated value. 

8. The name, age, and post-office address of each deaf and dumb, 
and each blind person within his district between the ages of five and 
twenty-one. 



Duties of Treas 
urer. 



CIVIL GOVERNMENT OF THE TOAVNSHIP. 117 

issues and signs all orders made by the Board, certifies 
the amount of taxes levied to the Board of Supervisors, 
and makes an accurate record of all the proceedings of 
the Board. 

219. The Secretary receives such compensation for 
compensation, his services as the Board allows. 

220. The Treasurer receives and has charge of all 
funds of the district ; keeps an account of 
money received and paid out, showing to 

which fund it belongs ; pays out money only on order 
signed by the President and Secretary ; makes a state- 
ment of the finances to the Board ; and sends an annual* 
report of it to the County Superintendent. 

221. The Treasurer receives such compensation as 

Compensation. the Board alloWS. 

222. Whilst the electors of the district have only such 
powers of school powers as are specially given them by the 

Board - statute, the School Board is vested with 

large discretionary powers, which should be used with- 
out partiality and with the greatest care. The admis- 
sion of pupils from other districts, the amount of taxes 
to be levied, the adoption of rules for their own gov- 
ernment, the limitations placed upon the Sub-Directors 
in making contracts, the establishment of graded or 
union schools, the erection of new school houses, the 
creation of other sub-districts, are all either partially 
or wholly discretion aiy powers of the Board. 

* The annual report of the Treasurer embraces the following: 

1. The amount of teachers' fund held over, received, paid out, 
and on hand. 

2. The amount of contingent fund held over, received, paid out, 
and on hand. 

3. The amount of school house fund held over, received, paid 
out, and on hand. 



118 CIVIL GOVERNMENT OF IOWA. 

223. The School Board must provide six months 
school in every district unless excused by 

Duties. .. _. ,,, ^ . J ., ill i 

the County Superintendent ; hold regular 
meetings in March and September ; make contracts to 
carry out the vote of the district ; change school-books 
not oftener than once in three years, unless ordered to 
do so by the electors ; draw no order on the Treasurer 
for money till the claim is audited and allowed ; and 
make a levy of the amount of money needed for the 
maintenance of the schools. 



QUESTIONS. 

1. What are the duties and what is the compensation 
of the Assessor ? 

2. What are the duties and what is the compensation 
of the Constable ? 

3. How many Road Supervisors are there ? 

4. What must the Supervisor require ? 

5. What is his duty in regard to keeping the roads in 
repair ? 

6. When is he liable for damages ? 

7. What is his compensation ? 

8. State clearly and fully what is said about School 
Boards. 

9. What is said about the President, Treasurer, and 
Secretary ? 

10. What are the duties of the President ? Secretary ? 
Treasurer ? 

11. What is the compensation of Secretary ? Treas- 
urer? 



CIVIL GOVERNMENT OF THE TOWNSHIP. 119 

12. What powers are either partially or wholly dis- 
cretionary with the Board ? 

13. What are the duties which the Board must 
perform ? 



LESSON XXV. 

CIVIL GOVERNMENT OF THE TOWNSHIP- 
CONTINUED. 

School Officers— Continued. 

Sub-Director. 

224:. There are many duties which fall immediately 
upon the Sub-Director. He must °:ive 

Duties . *^ 

notice of the sub-district election, take the 
enumeration of the children of his sub-district and report 
it to the Secretary of the School Board. He must visit 
the school twice each term, and have the general over- 
sight of the school as to the order and decorum of the 
pupils. Perhaps the most important of all is selecting 
the teacher and drawing up the contract. The contract 
must be in writing, signed by the teacher, Sub-Director, 
and approved by the President of the Board. It is the 
duty of this officer, under such rules and restrictions as 
the Board may prescribe, to make all necessary contracts 
for providing fuel for his school, employing a teacher, 
repairing and furnishing the school house, and for mak- 
ing all other provisions necessaiy for the convenience 
and prosperity of the school. This, however, must be 
done strictly in accordance with the rules and restric- 



120 CIVIL GOVERNMENT OF IOWA. 

tions of the Board. He may be limited to a certain 
class of teachers ; for example, those who hold first- 
grade certificates, or male, or female teachers, and other 

like restrictions. 

Teacher. 

225. Before entering upon his duties the Teacher 

must obtain a certificate from the Countv 

Duties. . 

Superintendent which, together with the 
contract, should be presented to the President of the 
Board and the contract approved by him. It is impor- 
tant that this be done. It often occurs that a Teacher 
loses pay on account of some irregularity which a little 
care would easily prevent. The Teacher must keep a 
register of the pupils, showing the names, ages, and 
their daily attendance. A certified report must be made 
to the Secretary of the Board before the order for the 
Teacher's wasres can be drawn. 

General Provisions. 

226. One Township Trustee is elected at the general 
Election and election in each year. He serves for the 

Term of office. term of three years. In even-numbered 
years, each township elects a Clerk, two* Justices of the 
Peace, Assessor, two Constables, and a Road Super- 
visor for each road district, each of whom serves for the 
term of two years. The election of Sub-Directors occurs 
on the first Monday in March of each year ; that of Di- 
rectors of independent districts, on the second Monday. 
Sub-Directors serve one year, while in independent dis- 
tricts the Directors serve three years. 

227. The Bonds of the Clerk, Assessor, Constables, 

* Additional Constables and Justices of the Peace may be elected 
in each township if the Trustees so direct. 



CIVIL GOVERNMENT OF THE TOWNSHIP. 121 

and Justices of the Peace are fixed by the Board of 
Supervisors but those of the Constables 
and Justices cannot be for a less sum than 

five hundred dollars. The Secretary and Treasurer of 

the School Board must give such bonds as the Board of 

Directors requires. 

JUDICIAL. 

Justices of the Peace. 

228. There are two Justices in each township. In 

civil suits, the jurisdiction extends to any 
part of the county except when specially 
restricted. In criminal causes, the Justice has jurisdiction 
of all cases less than felony committed within the county, 
in which the greatest punishment does not exceed a fine 
of one hundred dollars, or imprisonment for thirty da}'s. 
When an offense has been committed which is beyond 
the jurisdiction of the Justice, and the offender is 
brought before him on arrest, it is the duty of the Jus- 
tice to make a preliminary examination of the offense. 
If the facts and evidence are such as to warrant it, 
he must bind the offender over to the District Court, 
in such bail as the statutes direct and his judgment 
suggests. 

229. If a jury is demanded in any trial which the 
Duties and Justice has the power to dispose of, he 

powers. must grant it. A Justice of the Peace 

may perform the marriage ceremony ; send a boy or 
girl convicted of crime to the Judge to be ordered to 
the Reform School ; and under certain conditions, he 
may send a child to the Home of the Friendless. 

QUESTIONS. 

1. Name four duties of the Sub-Director. 



122 CIVIL GOVERNMENT OF IOWA. 

2. What is perhaps the most important of all his 
duties ? 

3. State what is said about the contract. 

4. What duties must he perform under the rules 
and restrictions of the Board ? 

5. To what may the Board limit him? 

6. Make a clear and full statement of the duties of 
the Teacher. 

7. When are township officers elected? 

8. For what length of time does each one seive? 

9. When are Sub-Directors and Directors elected ? 

10. For what length of term do they serve ? 

11. What township and school officers give bonds 
and for what amount? 

12. How many Justices are there in each township ? 

13. What is the jurisdiction of the Justice in civil 
suits ? Criminal ? Preliminary informations ? 

14. When does the Justice grant a jury trial 

15. What powers has the Justice ? 



CIVIL GOVERNMENT OF CITIES AND TOWNS. 123 



DIVISIO N FOUE. 



LESSON XXVI. 

CIVIL GOVERNMENT OF CITIES AND TOWNS. 

The Outline. 
IV. City or Town.— 

A. Legislative : 1. City or Town Council. 

B. Executive: 1. Mayor. 

2. Assessor. 

3. Marshal. 

4. Treasurer. 

5. Clerk or Recorder. 

6. Other Officers. 

C. Judicial: 1. Mayor's Court. 

2. Police Court. 

3. Superior Court. 

Cities and Towns. 
230. People collect in cities and towns, and for the 
Need of stronger densely populated districts thus formed, 
Government, ^ ie township government is not sufficient. 

To insure ordinary safety a police force must be em- 
ployed, and the streets lighted ; in many cities, water 
works and fire departments are maintained at great 
expense ; side-walks are built, and great precaution is 
taken for the health of the citizens. In the larger cities, 
street railway lines are established and must be regu- 
lated; in some, ferry lines must be controlled; drunk- 
enness must be suppressed as far as possible ; while 



124 CIVIL GOVERNMENT OF IOWA. 

vice and crime require constant attention. In almost 
every respect, a stronger government is required in 
cities and towns than in the township. 

231. In order to meet these increased demands, such 
special and ex- cities and towns, after they are incorpora- 

tensive Powers. tec ^ are ves t ec i ^ v ith special and extensive 

powers. The articles of incorporation in this State are 
issued under a general law by the General Assembly, 
and are equivalent to a city charter. They are deposited 
with the Secretary of State. 

232. A city of the first class is one whose population 

is fifteen thousand or more ; a city of the 
second class exceeds two thousand, but not 
fifteen ; an incorporated town is one whose population is 
less than two thousand. Towns and villages not incor- 
porated do not have any special powers, but are gov- 
erned as a part of the township. 

233. In the analysis of the government of cities and 
classification of towns the former classification of powers 

powers. j g con tinu e d, viz. : A. Legislative , B. 

Executive ; C. Judicial. 

LEGISLATIVE. 
City or Town Council. 

234. This department is composed of a Town or 
City Council, which consists of six persons 
in incorporated towns ; of two from each 

ward, in cities of the second class ; of two from each 
ward, with two at large, in cities of the first class. 

235. The Councilmen have many powers. It takes a 

majority of their number to constitute a 

quorum. They determine the rules for 

their own proceedings ; are judges of the qualification 



Number. 



CIVIL GOVERNMENT OF CITIES AND TOWNS. 125 

and election of their own members ; may compel the 
attendance of absent members ; elect a temporary chair- 
man ; and appoint a City Clerk, who has charge of all 
the laws and ordinances and keeps a journal of the 
Council's proceedings. 

236. The Council must procure a seal for the city ; 
General control of may organize fire companies; establish a 

the city or Town. Q fty wa t c h 5 or police ; must have the care 

of all public squares or commons ; control and keep 
in repair all streets, alleys, and bridges within the 
city ; may construct and regulate wharves, docks, piers, 
and fix the rate of fares ; and has the exclusive right 
to establish and license any ferry within the city. It is 
the Board of Equalization of taxes for the city ; it may 
establish a Board of Health, an Infirmary for the poor, 
a House of Refuge and Correction, and a Work House. 
The Council manages and controls the finances and 
property of the city ; determines when and where to 
hold its meetings ; calls special meetings ; and pos- 
sesses all the Legislative powers granted a city or 
incorporated town. 

General Provisions. 

237. In cities of the first and second class, the Mayor 
Term of office, holds his office two years ; in incorporated 

etc towns, one year. In any case he must be 

a resident of the town or city, keep his office at some 
convenient place, and have charge of the corporate seal. 
Every Councilman, whether in a town or city, serves for 
the term of two years, and must reside within the limits 
of the corporation. 



126 CIVIL GOVERNMENT OF IOWA. 

238. The compensation of officers arises from fees for 
work done, or else is determined by the 

Compensation. ~ ., 

Council. 

QUESTIONS. 

1. Fix firmly in mind the outline on page 125. 

2. Why is there need of stronger government in 
cities and towns ? 

3. How are these increased demands met ? 

4. State all you can about the articles of incorpora- 
tion of cities or towns. 

5. Make a clear statement of the classification of 
cities and towns. 

6. How are towns and villages, not incorporated, gov- 
erned ? 

7. What is the classification of powers 'I 

8. Of what does the City or Town Council consist ? 

9. What powers have the Councilmen ? 

10. State fully what is said of their control of the city 
or town. 

11. How long does the Mayor hold his office ? 

12. Where must he reside, and where does he keep 
his office ? 

13. How long does a Councilman serve ? 

14. What is said about the compensation of city 
officials ? 



CIVIL GOVERNMENT OF CITIES AND TOWNS. 12' 



LESSON XXVII. 

CIVIL GOVERNMENT OF CITIES AND TOWNS — 
CONTINUED. 

EXECUTIVE. 

1. Mayor; 2. Assessor; 3. Marshal; 4. Treasurer; 5. Clerk or 
Recorder; 6. Other Officers. 

Mayor. 

239. The Mayor presides at the meetings of the 

Council: has charge of the corporate seal; 

Duties. . „ . . .. x ., 

signs all commissions, licenses, permits, 
and acts of the Council which require his signature. He 
is the chief executive officer of the city, and as such, it is 
his duty to see that all ordinances and regulations of the 
Council are enforced. It is his duty to suppress dis- 
order and riots, and to perform such duties as the Coun- 
cil may require of him. 

240. Should the office of Mayor at any time become 

vacant, the Council must call a special elec- 
tion, and appoint some one to fill the va- 
cancy till the election occurs. 

Assessor. 

241. The duties of this officer are the same as those 

of the township Assessor. In cities con- 
taining ten thousand inhabitants or more, 
the people have the right to elect one, two, or three 
Assessors, as the needs of the city demand. 
9 



How Chosen 
Duties. 



128 CIVIL GOVERNMENT OF IOWA. 



Marshal. 

242. In incorporated towns and cities of the second 
class, the Marshal is appointed by the 
Council. In cities of the first class, he is 
chosen by the electors. He executes any process of the 
Mayor ; arrests persons accused of crime ; has the same 
powers as a Constable; and is the principal ministerial offi- 
cer of t the city or town. In cities, whether of the first or 
second class, the duties of the Marshal are about the same, 
and are greater than in incorporated towns. He attends 
the sittings of the Mayor's Court ; suppresses riots, dis- 
turbances, and breaches of the peace; arrests disorderly 
persons, also those fleeing from justice and brings them 
before the Mayor or other officer for trial. 



Treasurer. 

243. It is the duty of the Treasurer to receive and 

safely keep all funds belonging to the 

Duties. •; A <■■ 1 

town or city, and pay out money only on 
order from the proper authorities. He must give a 
bond in such sum as the Council may require. 

Clerk or Recorder. 

244. The Clerk or Recorder has the custody of all 

public records, documents, ordinances, 

T\ntjpq 

resolutions, and orders of the Council, 
and it is his duty to keep a correct journal of all its pro- 
ceedings. He is provided with a seal, which is affixed 
to all transcripts, orders, or certificates authenticated 
under the laws of the State, or the ordinances of the 
city. 



CIVIL GOVERNMENT OF CITIES AND TOWNS. 129 

Other Officers. 

245. In cities of either class, the people elect a 
Elected by the Solicitor, who must prosecute or defend 

People - in all suits to which the city is a party. In 

cities of the first class, they elect a Civil Engineer, 
Police Judge, Street Commissioner, and a Superintend- 
ent of Markets, who perform such duties as the laws or 
the city ordinances direct. 

246. Besides those that have been mentioned, pro- 
Appointed by vision has been made for the selection and 

the council. appointment of many other officers, such 

as the Council deems necessary for the good govern- 
ment of the town or city. 

JUDICIAL DEPARTMENT. 

1. Mayor's Court ; 2. Police Court ; 3. Superior Court. 

Mayor's Court. 

247. As a Judicial officer, the Mayor is a magistrate 
General Duties an d conservator of the peace, and has the 

and powers. same jurisdiction as a Justice in any civil 

or criminal matter arising under the laws of the State, 
or the ordinances of the city. If no Police Judge has 
been elected, the Mayor must exercise all the powers of 
such Judge. He may solemnize marriages, arrest per- 
sons fleeing from justice, may consent to the adoption of 
a child, and may surrender a boy or girl to the Home" 
of the Friendless. He supervises the conduct of the 
city officials, examines into reasonable complaints, and 
causes violations and neglect of duty to be corrected or 
reported for punishment 
9 



130 CIVIL GOVERNMENT OF IOWA. 

Police Court. 

248. Each Police Judge has the same powers in all 
jurisdiction. criminal cases as does a Justice of the 

Compensation.' p eace Thig ig ft Court of R ecor( J ? and 

must be provided with a seal by the City or Town Coun- 
cil. The compensation of the Police Judge may be a 
salary fixed by the Council ; and in all criminal proceed- 
ings in behalf of the State, he receives the same fees as 
a Justice of the Peace ; if he act for the city, he 
receives such compensation as may be fixed or allowed 
by the Council. 

Superior Court. 

249. In cities containing seven thousand inhabitants, 
Establishment, the question of the establishment of a Supe- 

junsdiction. r j or Q our ^ ma y \)q submitted to an election 

of the people by the City Council. In making this sub- 
mission, care must be taken to fulfill the requirements 
of the law. If two-thirds of all the votes cast are in 
favor of the establishment of such Court, it is then estab- 
lished, and takes the place of the Police Court. This 
Superior Court has concurrent jurisdiction with the Dis- 
trict Covjrt, except wherein the latter has exclusive juris- 
diction. 

QUESTIONS. 

1. Name the officers of the Executive department. 

2. State fully the duties of Mayor. 

3. How is a vacancy in the Mayor's office filled? 

4. What are the duties of the Assessor ? 

5. How is the Marshal chosen and what are his 
duties ? 

6. What are the duties of the Treasurer ? What of 
his bond ? 



SYSTEM OF SUKVEYS. 131 

7. What other officers are elected and what are theiv 
duties ? 

8. What of the power of the Council to appoint other 
officers ? 

9. Name the Courts belonging to the Judicial depart- 
ment. 

10. As a Judicial officer, what are the duties and 
powers of the Mayor ? 

11. What is the jurisdiction, and what is the compen- 
sation of a Police Judge? 

12. State what is said about the establishment of Supe- 
rior Courts ? 

13. What is the jurisdiction of the Superior Court ? 



LESSON XXVIII. 

SYSTEM OF SURVEYS. 

250. Since some of the Southern and all of the 
Western states are laid out according to the United States 
surveys, the main features of the system are here given. 
It is important, simple, and practical. 

251. There are many principal meridians with their 
principal Meridi- base lines; some are named, others num- 

an 8; Base Lines, b ere( i # Each one embraces the same 
principles as are found in the Fifth, the one from which 
lands in Iowa, Minnesota, and Missouri are surveyed. 
This meridian, commencing at the mouth of the Ar- 
kansas River, extends north and south ; its base line, 



132 CIVIL GOVERNMENT OF IOWA. 

beginning at the mouth of the St. Francis River, runs 
west. 

252. Where the base line and the meridian cross is 
Ranges and the starting point. Beginning with the 

Townships. bi\SG line, the first row of townships on 

either side of the principal meridian extending north 
or south, forms range I ; that on the east, number 
I east ; that on the west, number I west : the second 
row, range II; and so on as far as that principal meridian 
extends. The townships in the first row on either side 
of the base line extending east or west from the Fifth 
principal meridian, form number 1; those on the north, 
number 1 north ; those on the south, number 1 south ; 
the second, number 2 ; and so on as far north or south 
as the survey extends. 

253. Each township is six miles square. Thus town- 
Description shi P 6 north > ran g e V west, (Figure one,) 

of Township. is thirty miles -north of the base line, and 

twenty-four miles west of the principal meridian; and 
the description is given thus: Township 6-N., Range 5 W. 
of Fifth P.M. The description always shows whether it 
is township north or south, range east or west of the 
principal meridian. 

254:. From the fact that the meridians come near- 
correction er an d nearer together as we go north, the 

Lines - townships are not perfect squares. The 

southern line is longer than the northern. This differ- 
ence increases as we go north (Figure 1). In Iowa, it 
is about a half rod to the mile. This necessitates correc- 
tion lines upon which township corners are placed, six 
miles apart, as upon the base line. Beginning with the 
base line, the correction lines are twenty-four miles apart 
on the north, and thirty on the south. 



SYSTEM OF SURA'EYS. 133 

255. Each township contains thirty-six sections, 
Numbering section one being always in the north-east 

sections. corner. From this they are numbered 

west six sections, thence east six sections, thence west 
again, and so on till all are numbered. (Figure 2.) 

256. Each section (except those that are fractional) 
Division of contains six hundred and forty acres and 

sections. j s cJiviciecl into quarters : north-east, north- 

west, south-east, south-west ; or N.E., N.W., S.E., S.W. 
(Figure 3.) Each of these contains one hundred and 
sixty acres. Again these quarters are divided and each 
part contains eighty acres. The dividing line extends 
north and south, and the divisions are known as the east 
%, and west i. (Figure 4.) Each quarter section maybe 
cut into quarters or forties ; and the divisions are des- 
cribed as the NE. J, N.W. J, 8.E. J, and S.W. J of 
the quarter section. (Figure 4.) Thus we see with what 
regularity and certainty the divisions are made. 
Suppose we have the part of section 1, in township 6 
north, range V west, which is marked thus*. It is 
in the south-west J of the section ; by another division 
we find it is the south-west J of the quarter section ; 
and we have the following description ; S.W. J of S.W. 
| of section 1, Township 6 N., Range 5 W. of Fifth 
P.M., containing forty acres. (Figure 4). 



134 



CIVIL GOVERNMENT OF IOWA. 
Fi0.1 N 

















«- 










T.6N. 
R.V.W. 

* 










O 










Corre ;tion 






Line 


ia 














§ 






- 




















DO 








t 










3 


<N 






r 




Base 






Line 




- 









VI 


V 


IV 


III 


II 


I 




















Pi 

•i-i 

•iH 




















ft 









Fiff.3 



Fitj.2 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


21 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



ICO 


160 


160 


S.E.J* 
160 





Fig.4 




w.y 2 

80 


80 


.W.M ai 

ol'N 


N.E.fc 

d N.E.M 
E.M 


S.^of 
J.W.J4 a 


N.E.fc 

id S.E.^ 
.E.Ji 


■6 
J. 


& 


N.W.% 


N.E.M 


40 


> >- 


S.W.M 


S.E.* 



SYSTEM OF SURVEYS. 135 

257. However, in business, the divisions into eighties 
Different Division an( l forties is sometimes different from the 
and Description. United States surveys. In this the eight- 
ies lie north and south, being twice as long as broad. 
But as often occurs, a man owns two forties on the north 
or south as shown in Figure -1. The description in such 
cases is usually given as follows : N. ^ of N.E. J, or S. 
^ of X.E. J. It may, however, be stated strictly in 
accordance with the United States surveys : N.W. \ 
and N.E. \ of N.E. \\ or, if it be the south forties, the 
S.W. iandS.E. JofN.E. J. 



QUESTIONS. 

1. What states are laid out according to the United 
States Survey? 

2. What is said about principal meridians and base 
lines ? 

3. Where does the Fifth principal meridian begin 

4. Where does its base line begin ? 

5. Where is the starting point ? 

6. State clearly what townships forms range I. Range 
II. Range III. 

7. What is township 1 ? Township 2 ? Township 
3 ? etc. 

8. What is the extent of each township ? 

9. Describe the townships in Figure 1, marked thus : 

10. What does the description always show ? 

11. Explain fully what is said about section lines. 

12. What is the plan of numbering the townships ? 

13. How may each section be divided ? 

14r. What section is set apart for school purposes ? 



136 CIVIL GOVERNMENT OF IOWA. 

15. What is the description of each section ? 

16. What further divisions may be made, and what is 
the description ? 

17. Give the description of the tract marked thus* 
in Figure 4. 

18. Explain fully how the divisions sometimes differ 
from the United States surveys ? 

19. Give the description in such cases. 

20. What is the description of the same tracts accord- 
ing to the United States survey ? 



STATE INSTITUTIONS. 137 



DIVISION FIYE 



LESSON XXIX. 

STATE INSTITUTIONS. 

258. Among the states in the Union which have been 
iowa Provides in- mos t liberal in establishing institutions for 

stitutions. learning, and in providing for the unfor- 

tunate classes within their borders, Iowa stands well to 
the front. Perhaps no State surpasses her in a wisely 
generous support of such institutions. 

The interests of education are fostered by ample 
appropriations for the State University, the Agricultural 
College, and the Normal School. The blind, deaf, and 
dumb, and the orphans of the Union soldier, are all pro- 
vided for with a generous hand. The unfortunates are 
gently cared for, and find pleasant homes at the Insane 
Asylum and the Institution for the Feeble-Minded. 
Institutions for reformation and restraint are maintained 
and guarded with solicitous care by the State. 

State University. 

Iowa City, Johnson County. 

259. By an act of the Federal Congress, 1840, the 
Grant Made by the Secretary of the Treasury was directed to 

Federal congress. get a p ar t an( j reserve for sale a large quan- 
tity of land for the support of a University when the 
Territory should become a State. 



138 CIVIL GOVERNMENT OF IOWA. 

260. The first General Assembly of the State, in 
Establishment of 18 ^ established the University at Iowa 

the University. Q ity u with such other ] mmc l ies ag public 

convenience may hereafter require." In 181:9, two 
branches of the University were established, one at Fair- 
field, the other at Dubuque. Both of these were on 
equal footing with the one at Iowa City. Provision was 
also made for three Normal Schools : one at Andrew, 
another at Oskaloosa, and the third at Mt. Pleasant. 
The first two were organized, the last one was not. 

261. The University struggled through hardship 

after hardship until 1858, when it was 

Reorganized. . ,.,,.. 

closed till its income would meet current 
expenses. It was opened again, in September, 1860, 
under the supervision of a new faculty. The first 
class of graduates was in 1863. The Law Department 
was opened at the beginning of the year 1868, the Medi- 
cal Department a year later, and the Military in 1874. 

262. The Board of the Regents of the University con- 

sists of the Governor of the State, the 
President of the University, the Superin- 
tendent of Public Instruction, and one member from 
each of the eleven congressional districts of the State. 
The first three are members by virtue of the official posi- 
tions which they hold ; the others are elected at a joint 
session of the two Houses of the General Assembly. 
This Board is empowered to grant diplomas and confer 
degrees ; besides this, they have the general manage- 
ment of the institution. 

263. The object of the University is to supply the 

people of the State with the best means of 

obtaining a thorough, liberal education in 

all the departments of art, science, and literature, with 



STATE INSTITUTIONS. 139 

their applications. A close connection is sought with 
the public schools, since the University relies largely 
upon them for its supply of students. The governing 
power of the institution is vested in the President and 
the Faculties of the different departments. 

264:. There are five departments : 1. The College, 
which embraces four courses : Classical, 
Philosophical, Scientific, and Engineering ; 
2. The Law, which requires two years for its com- 
pletion ; 3. The Medical ; 4. The Homeopathic Medical ; 
5. The Dental. 

Agricultural College and Farm. 
Ames, Story County. 

265. This was established by a Legislative act in 

3 858. In 1862, the Federal Government 

Establishment. in 

made a grant to the State ot two hundred 
and forty thousand acres of land for the support of 
an Agricultural College and Farm. In 1 86±, the State 
made an appropriation for the erection of suitable build- 
ings, which were completed in 1868. The Farm consists 
of about eight hundred acres of fine farming land. 

266. Each county has the right to send three pupils 
Attendance and to attend the College. If there is then 

Tuition - capacity for others, the Trustees admit 

them from the different counties of the State in pro- 
portion to their population. Many counties do not send 
as many as three and, so, others are permitted to send 
more than their proportion. Tuiiion is free to all resi- 
dents of the State over sixteen years of age. The inte- 
rest of the fund arising from the sale of land furnishes 
the college with abundant means of support. 

267. The object of this institution is to give higher 



140 CIVIL GOVERNMENT OF IOWA. 

education to the industrial classes. There are four 
schools : Agriculture, Engineering, Veterinary Science, 
0bject and Domestic Economy. It requires four 

schools. years to complete the courses of the first 

two schools, and two years for the others. Besides 
these schools, there is much work required in the follow- 
ing lines of study : Literature and Language, Mathe- 
mathics and Phj^sics, Chemistry, Biology, Philosophy, 
and Military Science. 

State Normal School. 

Cedar Falls, Blackhawk County. 

268. In 1876, the General Assembly established the 

State Normal School, and required the 
Trustees of the Soldiers' Orphans' Home 
at Cedar Falls to put the property in their charge into 
the care of the Trustees of the new institution. The 
new Board organized in the June following, and made 
as rapid preparations as possible by refitting the build- 
ings and grounds and procuring teachers. On the 6th 
of September, the first term was opened. 

269. The School is managed by a Board of six Trus- 

tees, two of whom are elected at each 
regular meeting of the General Assembly, 
the two Houses being in joint session. It is the duty of 
the Trustees to carry out the object for which the School 
was established. They employ the instructors, have the 
care and expenditure of the funds of the institution, 
make regulations for the government of the School, 
establish rules for the admission of pupils, direct changes 
and improvements in the buildings and grounds, and 
make a detailed report each year to the Superintendent 
of Public Instruction. 



STATE INSTITUTIONS. 141 

27.0. The special object of the Normal School is to 
supply the young men and young women 

Special Object. ri C+ + •*.! c jU X. ' 

oi the State with a course of thorough in- 
struction and ample training that will prepare them for 
efficient work as teachers in the common schools. Doubt- 
less it will thus become more and more a beneficial factor 
in the great educational interests of the State. There is 
no more stable foundation for a great commonwealth 
than the proper education of the youth. The common 
schools are the greatest factor in this education, and the 
State does wisely in adopting careful and proper meas- 
ures for bettering and upholding them. 

271. The instruction and training in this school em- 
brace two courses of study: Scientific, and 

Courses of Study. _. T Tl . „ 

Didactic, it requires lour years to com- 
plete the former course, and three years the latter. 
Great care has been exercised in the preparation of these 
courses. To make such arrangement of the branches, to 
make their completion so thorough and so broad, to 
make the preparation such that it will best fit the teacher 
for the duties of the various grades of school work is 
one of the immediate objects of the institution. 

QUESTIONS. 

1. What is said of the provision Iowa has made for 
State institutions ? 

2. What grant was made to the State University by 
the Federal Congress ? 

3. What about the establishment of the University % 
4c. What is said of its reorganization ? 

5. What persons make up the Board of Regents ? 

6. What powers has this Board ? 

7. What is the object of the University ? 



142 CIVIL GOVERNMENT OF IOWA. 

8. Who has the governing power ? 

9. How many, and what are the departments ? 

10. When was the Agricultural College and Farm 
established ? 

11. What grant of land did the Federal Government 
make ? 

12. What about attendance and tuition at this Col- 
lege ? 

13. What is the object of this institution ? 

14. How many Schools are there ? What are they ? 

15. State all you can about the establishment of the 
Normal School. 

16. By whom is the Board of Trustees elected ? 

17. What are the duties of the Board ? 

18. What is the object of the Normal School % 

19. What of the courses of study % 



LESSON XXX. 

STATE INSTITUTIONS— CONTINUED. 

Institution for the Deaf and Dumb. 

Council Bluffs, Pottawattamie County. 

272. This institution was first established at Iowa 
Establishment and City, in 1855. It was afterward removed 
° bject - to its present location and, in 1870, a part 

of the building was completed and occupied. The 
report sent to the Governor each year by the Super- 
intendent shows that the number of deaf mutes increases 



STATE INSTITUTIONS. 143 

with the growth of the State. The objeet of this school 
is the training and education of all the deaf and dumb 
children of the State. The older pupils are instructed 
in such trades as are there taught. In the workshops, 
on the farm, and in various other ways, they receive 
a very practical training. 

273. The general supervision of the Institution is 

under the control of a Board of Trustees 

Board of Trustees. 

which provides teachers and performs 
whatever is necessary to render the Institution efficient, 
and to carry out the purposes of its establishment. This 
Board consists of three persons, one being elected by the 
General Assembly at each regular session. 

College for the Blind. 

Vinton, Benton County. 

274. In 1852, Mr. Samuel Bacon, a blind gentleman, 
Establishment and established at Keokuk the first institution 

Contro1 - in Iowa for the instruction of this class of 

persons. A year later, by an act of the Legislative 
bodies, this institution was adopted by the State, re- 
moved to Iowa City, and, in April, was opened for the 
reception of the blind. In 1862, a building being almost 
completed at Vinton for this institution, it was removed 
thither, and in October the College was opened with 
twenty- four pupils. The Institution is under the control 
of a Board of six Trustees elected by the General Assem- 
bly. This Board provides teachers, servants, and all 
things necessary to carry out the object of the Insti- 
tution. 

275. All blind persons, residents of the State, of suit- 

able age and capacity, are entitled to an 
education at this institution, at the ex- 



144 CIVIL GOVERNMENT OF IOWA. 

pense of the State. Persons not residents of the State 
may receive all the benefits arising from this school by the 
payment of such sum of money as the Legislative bodies 
direct, provided the admission of such person does not 
exclude residents of our own State. There is also a 
school of industry in connection with the College, where 
pupils may learn different trades and occupations. 

Soldiers' Orphans' Home. 

Davenport, Scott County. 

276. To Mrs. Annie Wittenmeyer, a patriotic lady, 

belongs the honor of starting the move- 

Establistunent. ° , it- in 

ment which resulted in the rounding of 
this most beneficent institution. At her invitation a 
large number of persons from all parts of the State met 
in convention at Muscatine, October 7th, 1863. The 
object of the meeting was to devise measures for the 
support and education of the orphans of the soldiers of 
Iowa who had gone forth at their country's call to main- 
tain the Nation's unity. An organization was effected 
and officers chosen. At a meeting in March, 1864, the 
Trustees took steps to secure a suitable building, dona- 
tions, and other things necessary for opening up the 
Home. The work was pushed with so much vigor that 
on the 13th of July a committee of the Trustees an- 
nounced that the institution was ready for the admission 
of children. In six months from the opening sev- 
enty children had been admitted, and many others had 
made application for admission. 

277. The Home was supported by contributions from 

the people up to 1866, when the State 
took charge of it and made arrangements 






STATE INSTITUTIONS. 145 

for Homes in different counties. One was located at 
Cedar Falls, another at Glen wood, and the third at 
Davenport. In a few years, the one at Cedar Falls 
turned over everything under its control to the Trustees 
of the State Normal School, while the buildings and 
grounds of the one at Glenwood were appropriated for 
the use of the Institution for the Feeble-Minded In 
1876, by an act passed by the General Assembly, all the 
orphans at these two places were removed to the Home 
at Davenport. 

278. Besides caring for and educating soldiers' or- 
objectandMan- phans, the Board of Trustees may now 

agement. receive into the care and privileges of the 

Home such destitute children as, in their judgment, 
should be admitted. The Board consists of three per- 
sons, appointed by the General Assembly. They have 
the government and management of the Home. They 
enact such laws and rules for its regulation as they deem 
proper. Perhaps in no institution in the State has the 
work of women shown to better advantage, or secured 
more lasting good. Throughout the history of the 
Home, they have taken an active and honorable part, 
and won laurels not surpassed by the soldier on the field 
of battle. 

Hospitals for the Insane. 

Mt. Pleasant, Henry County ; Independence, Buchanan 
County; Clarinda, Page County. 

279. In 1855, an act was passed by the Legislature 

establishing a Hospital for the Insane, and 

Mt. Pleasant. . . ° x . ._ 

commissioners located it at Mt. .Pleasant. 
It was not formally opened till March, 1861. In three 
months, one hundred patients were admitted. 

10 



146 CIVIL GOVERNMENT OF IOWA. 

280. In 1868, the General Assembly passed a bill 

providing: for another' Hospital. A site 

Independence. r -T i i 

near Independence was chosen, and soon 
the erection of the building was commenced. In April, 
1873, it was ready for occupancy, and in four years the 
inmates numbered three hundred and twenty-two. 

281. In 1881, the Twentieth General Assembly 

enacted a bill providing for a third Hos- 

Clarinda. . . , . , , . 

pital, which has since been located by the 
commissioners at Clarinda. The same Legislature made 
an appropriation of §150,000 to meet the expense incur- 
red in building the Hospital. 

282. These Hospitals are under the management of 
Government and different Boards of Trustees. Each Board 

0bjecf - consists of five members, elected at a joint 

session of the General Assembly. They have th^ general 
control and management of the Hospitals, make all 
by-laws for their government, appoint Medical Superin- 
tendents, stewards, and matrons, and inspect the Hos- 
pitals four times a year. The object of these institutions 
is to provide places for safely keeping those who are 
insane, and are fit subjects for custody and treatment in 
such hospitals. 



QUESTIONS. 

1. State what is said about the establishment of the 
Institution for the Deaf and Dumb. 

2. What are the duties of the Trustees, and how are 
they elected ? 

3. Give the history of the establishment of the Col- 
lege for the Blind. 

4. What is the object of this College? 



STATE INSTITUTIONS. 147 

5. What about the establishment of the Soldiers' 
Orphans' Home ? 

6. How was this Home at first supported? How 
now? 

7. State all you can about the location of the Home 
at first. 

8. What is the object of this Institution ? 

9. How is it managed and controlled ? 

10. What of the connection of women with the Home ? 

11. What is said of the establishment and location of 
the Hospitals for the Insane ? 

12 How are the Hospitals governed, and what is the 
object of their establishment? 



LESSON XXXI. 

STATE INSTITUTIONS— CONTINUED. 

Institution for Feeble-Minded Children. 

Glen wood, Mills County. 

283. In 1876, a bill passed the General Assembly 
providing for the establishment of an 

Establishment. _ „, ., ._ r . 1 1 _.. ... 

Asylum tor reeble-Minded Children. Ihe 
buildings and grounds of the Orphans' Home at Glen- 
wood were placed in charge of the Trustees of the new 
institution. As soon as practicable, the Trustees put the 
building in condition for receiving occupants, appointed 
a Superintendent, and in September of the same year, 
had the institution in readiness for the admission of chil- 



148 CIVIL GOVERNMENT OF IOWA. 

dren. It opened with five pupils. In a little more than 
a year this number increased to eighty-seven. 

284. The purposes of this institution are to train, 
object and Man- instruct, support, and care for feeble- 
agement. minded children, admitting those between 

the ages of seven and eighteen. The Asylum is man- 
aged by a Board of Trustees, consisting of three per- 
sons elected by the General Assembly. This Board 
appoints a Superintendent, who, under their direction, 
manages the finances, and superintends the training and 
instruction of the inmates. 



Industrial School. 

Eldora, Hardin County; Mitchelville, Polk County. 

285. This School was organized in 1868, at Salem, 
Henry County. The building and grounds 

Establishment. , . . txr . . , _ ° _ ° _ . 

belonging to White s Iowa Manual Labor 
Institute at this place, were temporarily leased by the 
Trustees of the Reform School. In 1872, the Trustees 
made a permanent location at Eldora, appropriations 
for building purposes were made by the General Assem- 
bly, and thither the School was soon moved. Since 
that change, a department of the School for girls has 
been established at Mitchelville, Polk County. 

286. Both departments of the School are under the 
Management and management and control of the same 
control. Board of Trustees, consisting of five per- 

sons elected at a joint session of the General Assembly. 
These Trustees appoint such officers for the institution 
as their judgment directs, make all rules and by-laws 
for its regulation, see that its affairs are properly con- 
ducted, and that strict discipline is maintained. 



STATE INSTITUTIONS. 149 

287. The object of this School is the reformation of 
boys and girls between the ages of seven 
and sixteen years. When such persons 
have been convicted of crimes, or of being disorderly, 
they may be sent here, where they will be instructed in 
piety and morality, and in the branches of useful knowl- 
edge best adapted to their capacity and age. They are 
also trained in mechanical, manufacturing, or agricultural 
pursuits. It is the especial duty of the Superintendent 
and the other officers to discipline, govern, and instruct 
the children, using their best endeavors to reform them, 
and assist them in forming moral and industrious habits. 



Penitentiaries. 

Fort Madison, Lee County ; Anamosa, Jones County. 

288. The first Penitentiary of Iowa was established at 
Establishment Forfc Madison, by the Territorial Legisla- 

and object. ture in 1839> The citizens of this city 

executed a deed for a tract of ten acres, upon which the 
buildings are located. The main buildings were com- 
pleted in 1841, and when finished according to the plan 
of the Directors had room sufficient for the imprison- 
ment of one hundred and thirty-eight inmates. 

289. There is another Penitentiary at Anamosa, 

which was opened for the admission of 

An jhyiosh 

convicts in 1873. This is located on a tract 
of fifteen acres, within the limits of the city. Its object, 
government and control, are the same as at Fort Madi- 
son. The object in maintaining these institutions, is to 
provide a place for the safe keeping of convicts sen- 
tenced for any period of time. 

290. There are two Wardens, one in each Peniten- 



150 CIVIL GOVERNMENT OF IOWA. 

tiary, who have full control, subject to the Governor, 
who may remove them for nesdi^ence of 

Wardens. 

duty or malfeasance in office. Each one is 
elected at a joint session of the General Assembly, and 
holds his office two years. He is the general financial 
and superintending agent of the institution, and is re- 
sponsible for its government, regulations, and for the 
disbursement of all money in relation to the prison. It 
is his duty to see that the laws and disciplinary rules and 
regulations of the institution are faithfully executed by 
the under officers, and obeyed b}^ the convicts. 

291. The Warden at each Penitentiary appoints the 

following officers to assist in the manage- 
other Officers. '- . . _., . ^ __P 

ment ot the prison : Clerk, Deputy War- 
den, Guards, Chaplain, Steward; and, with the concur- 
rence of the Governor, he selects a Physician. 

292. Upon receipt of a certificate from the Warden, 

showing that a prisoner at the expi>ra- 

Citizenship. Dim- ...-,, ■, • i . -, n 

inution of sen- tion ot his sentence, has violated no rule 
of the Penitentiary, the Governor must 
restore such person all the rights of citizenship lost 
by his conviction and sentence. The term of service of 
any prisoner may be shortened by such behavior. This 
reduction is one day for the first month, two days for 
the second, three days for the third, four days for the 
fourth, and five days for each month thereafter. The 
Warden must keep a record of the conduct of every pris- 
oner, and no one can receive this reduction unless his 
conduct merits a clean record. 

The Iowa Soldiers' Home. 

Marshalltown, Marshall County. 

293. The General Assembly of 1886 passed an act 
Establishment establishing the Iowa Soldiers 1 Home. 

and object The object is to provide a home and sub- 



STATE INSTITUTIONS. 151 

sistence for all honorably discharged soldiers, sailors and 
marines of the United States who are disabled by disease 
or otherwise. But no one can be admitted to this Home 
unless he has been a resident of the State for three years 
preceding his application, unless he served in an Iowa 
regiment, or was accredited to this State. The Home is 
under the control of a Board of Trustees, consisting of 
six members appointed by the Governor with the consent 
of the Senate. The Home when finished is to accom- 
modate not less than one hundred and fifty nor more 
than three hundred inmates. 

Bonds of the Treasurers of State Institutions. 

294. The bond of the Treasurer of the State University 
must be in the sum of not less than $50,000; that of the 
Treasurer of the Agricultural College, as well as the 
Iowa Soldiers' Home, for twice the highest amount 
of money likely to be in his hands at any one time, 
with such securities as the Executive Council may 
require. The bond of the Treasurer of the State Nor- 
mal School must be for a sum of not less than $20,000, 
with proper and sufficient securities ; while that of the 
Treasurer of the Institution for the Deaf and Dumb is 
given for such sum as the Board of Trustees may direct, 
being approved by the Executive Council. The Treas- 
urer of the College for the Blind must give a bond for a 
sum not less than $30,000, to be approved by the Exec- 
utive Council. The bond of the Treasurer of the Sol- 
diers' Orphans' Home must be for whatever sum the 
Board of Trustees requires; and that of the Treasurer 
of either department of the Hospital for the Insane 
for double the amount likely to be in his hands at any 
one time. The bond of the Treasurer of the Asylum for 



152 CIVIL GOVERNMENT OF IOWA. 

Feeble Minded Children must be given for whatever sum 
the Board requires; while that of either department of 
the Reform School must be in an amount sufficient to be 
approved by the Executive Council. The bond of either 
Warden of the Penitentiaries must be for the sum of 
$50,000, and approved by the Governor of the State, 
with not less than five free-holders as securities. 

Each of these bonds, when given, is conditioned 
upon the faithful performance of all duties imposed, and 
the rendering of a true account of all money entrusted 
to such Treasurer. Most of the bonds must be filed with 
the Secretary of State for safekeeping. 

QUESTIONS. 

1. What is said about the establishment of the 
Asylum for Feeble-Minded Children ? 

2. What is the object of this institution, and how is 
it managed ? 

3. State all you can about the establishment of the 
Reform School. 

4. How is it managed and controlled ? 

5. What is its object ? 

6. When was each Penitentiary established ? 

7. State fully what is said of their establishment and 
object ? 

8. What about the Wardens ? Other officers? 

9. Why and by whom is citizenship restored to a 
prisoner ? 

11. What is the reduction in the term of service for 
good behavior? 

11. What is the object of the Iowa Soldiers' Home? 

12. What is the bond of the Treasurer of each State 
iustitution ? 

13. Upon what is it conditioned ? 



MISCELLANEOUS INFORMATION. 



153 



LESSON XXXII. 

MISCELLANEOUS INFORMATION. 
Iowa's Governors* 

295. The following shows the order in which the 
Governors of Iowa served, the year in which each term 
began, the vote by the two dominating parties, and the 
number of years each Governor served : 

Term Derno- 

IJegan. Whig.* cratic* Served. 

Ansel Briggs 1846 ..... 7,379 7,626 four years. 

Stephen Hemsted ....1850 .... 11,403 .... 13,486 .... four years. 

James W. Grimes ....1854 23,025 21,202 four years. 

Republican. 

Ralph P. Lowe 1858 30,141 27,992 .....ftwo years. 

Samuel J. Kirkwood .1860 56,506 53,542 .... 

Re-elected 1862 .... 59,853 43,245 four years. 

William M. Stone ....1864 .... 86,122 .... 47,948 .... 

Re-electt-d 1866 .... 70,445 54,070 four years. 

Samuel Merrill 1868 90,200 62,960 

Re-elected 187C .... 97,243 .... 57,257 .... four years. 

Cyrus C. Carpenter... 1872 109,228 68,199 

Re-elected . ... .1874 105,132 81,020 four years. 

iSamuel J. Kirkwood 1876 124,855 93,279 two years. 

John H. Gear ...1878 .... 121,546 .... 79,353 .... 

Re-elected 1880 157,571 85,056 four years. 

Buren R. Sherman ...1882 .... 133,326 .... 73,397 .... 

Re-elected 1884 164,141 ...,139,032 ... four years 

William Larrabee 1886 175,605 168,619 two years. 

Iowa's Representatives in the Congress of the 
United States. 

296. On the completion of the census ot 1880, it be- 
came evident that Iowa was entitled to an increase in her 
Congressional delegation. The bill which finally passed 

*The vote of the predominating parties only is given. Very 
often there are candidates of other parties in the field, but it would 
make the able uninteresting to attempt to give it all. 

f The new Constitution reduced the length of term to two years. 

% Samuel J. Kirkwood resigned his office March 3, 1877, and the 
term was finished by the Lieutenant Governor, Joshua G. Newbold, 
of Mt. Pleasant. 



154 CIVIL GOVERNMENT OF IOWA. 

both Houses of Congress increased the number of 
Representatives to eleven. Accordingly, the State was 
divided by the General Assembly of 1882, into eleven 
Congressional districts as shown below. All the mem- 
bers of the present representation were elected Novem- 
ber 4th, 1884. They will continue in office two years, 
or until March 3d, 1887. 

First District — B. J Hall, Burlington. 

Counties — Des Moines, Henry, Jefferson, Lee, Louisa, 
Van Buren, and Washington. 

Second District — Jeremiah H. Murphy, Davenport 
(Re-elected). 

Counties — Clinton, Iowa, Jackson, Johnson, Musca- 
tine, and Scott. 

Third District — David B. Henderson, Dubuque (Re- 
elected). 

Counties — Black Hawk, Bremer, Buchanan, Butler, 
Delaware, Dubuque, Franklin, Hardin, and Wright. 

Fourth District— William F. Fuller, West Union. 

Counties — Allamakee, Clayton, Cerro Gordo, Chick- 
asaw, Fayette, Floyd, Howard, Mitchell, Winneshiek, 
and Worth. 

Fifth District — Benjamin F. Frederick, Marshalltown. 

Counties — Benton, Cedar, Grundy, Jones, Linn, 
Marshall, and Tama. 

Sixth District — James B. Weaver, Bloomfield. 

Counties — Davis, Jasper, Keokuk, Mahaska, Mon- 
roe, Poweshiek, anl Wapello. 

Seventh District — Edwin H. Conger, Adei. 

Counties — Dallas, Madison, Marion, Polk, Story, and 
Warren. 

Eighth District — William P. Hepburn, Clarinda (Re- 
elected). 



MISCELLANEOUS INFORMATION. 155 

Counties— Adams, Appanoose, Clark, Decatur, Fre- 
mont, Lucas, Page, Ringgold, Taylor, Union, and 
Wayne. 

Ninth District — Joseph Lyman, Council Bluffs. 

Counties — Adair, Audubon, Cass, Guthrie, Harrison, 
Mills, Montgomery, Pottawattamie, and Shelby. 

Tenth District — Adoniram J. Holmes, Boone (Re- 
elected). 

Counties — Boone, Calhoun, Carroll, Crawford, Em- 
met, Greene, Hamilton, Hancock, Humboldt, Kossuth, 
Palo Alto, Pocahontas, Webster, and Winnebago. 

Eleventh District — Isaac S. Struble, Le Mars (Re- 
elected). 

Counties — Buena Vista, Cherokee, Clay, Dickenson, 
Ida, Lyon, Monona, O'Brien, Osceola, Plymouth, Sac, 
Sioux, and Woodbury. 

Judges of the Supreme Court. 

297. Austin Adams, Chief Justice, Dubuque; term 
expires December 31st, 1887. 

William H. Seevers, Oskaloosa ; term expires Decem- 
ber 31st, 1888. 

Joseph R. Reed, Council Bluffs; term expires Decem- 

>ber 31st, 1889. 
James H. Rothrock, Cedar Rapids ; term expires 
December 31st, 1890. 

Joseph M. Beck, Fort Madison ; term expires Decem- 
ber 31st, 1891. 

Officers. 

Andrew J. Baker, Attorney General, Centerville; 
term expires January, 1887. 



156 CIVIL GOVERNMENT OF IOWA. 

Gilbert P. Pray, Clerk ; term expires January 2d, 
1887. 

Ezra C. Ebersole, Reporter ; term expires January 

2d, 1887. 



LESSON XXXIII. 
MISCELLANEOUS INFORMATION— CONTINUED. 

Iowa's Senators. 

298. No United States Senators were elected till the 
second session of the General Assembly of the State. At 
that session Hon. A. C. Dodge was elected for the short 
term, and Hon. George W. Jones for the long term. 
Below, the names of all Iowa's Senators are given in the 
order of their succession. 

Kesidence. Began. Ended. 

A. C. Dodge, Burlington Dec. 7, 1848 . . . . 

* James Harlan, Mt. Pleasant Jan. 6, 1855 May 15, 1865. 

S. J. Kirkwood, Iowa City Jan. 13, 1866 

James Harlan, Mt. Pleasant Mcb. 4, 1867 Men. 3. 1873. 

Wm. JB. Allison, Dubuque Mcli. 4, 1873 .... Mch. 3, 1879. 

Re-elected Mch. 4, 1879 Mch. 3, 1885. 

Re-elected Mch. 4, 1885 .... Mch 3, 1891. 

George W.Jones, Dubuque Dec. 7, 1848 Mch. 3, 1859. 

Jas W. Grimes, Burlington Mch. 4, 1859 Mch. 3, 1865. 

Reelected Mch. 4, 1865 Aug.. 1859. 

James B. Howell, Keokuk .... Mch. 20, 1870 .... Mch. 3, 1871. 

Geo. C. Wright, Des Moines Mch 4, 1871 .... Mch 3. 1877. 

S. J. Kirkwood, Iowa City .... Mch. 4, 1877 .... Feb. 1. 1881. 

James W McDill, Af ton Mch. 8, 1881 Mch. 3. 1883. 

James F. Wilson, Fairfield Dec. 4, 1883 Mch. 3, 1889. 

299. Our Senators at the present time are Hon. Will- 
iam B. Allison, and Hon. James F. Wilson. Both were 

* James Harlan served as Secretary of the Interior under Presi- 
dent Lincoln part of the years 1865-6. Resigned September 6, 1866. 



MISCELLANEOUS INFORMATION. 157 

born in the State of Ohio, the former in 1829, the latter 
in 1828. Both studied law, and became successful 
practitioners. They have had an extended experience 
in public life, and represent our State ably and honora- 
bly. They are Legislators of great weight and decided 
influence at the Capital of the Federal Government. 

300. Mr. Allison was a member of Governor Kirk- 
wood's stafl, and helped to organize troops to put down 
the late rebellion. He served in the National House of 
Representatives four terms ; the Thirty-eighth, Thirty- 
ninth, Fortieth, and Forty-first. He has had almost 
twelve years' experience as a United States Senator, and 
on the 4th of March, 1885, he will enter upon his third 
term. 

301. Mr. Wilson was a member of the Constitutional 
Convention of 1856, and served three terms in the Iowa 
Legislature, from 1857 to 1861. He filled the unexpired 
term of Hon. S. R. Curtis in the National House of Rep- 
resentatives, and was re-elected to the Thirty-eighth, 
Thirty-ninth, and Fortieth Congresses, serving in that 
capacity from December 2, 1861, to March 3, 1869. He 
was elected to the United States Senate to succeed 
James W. McDill, and took his seat December 4, 1883. 
His term of service will expire March 3, 1889. Mr. 
Wilson was a strong supporter of President Lincoln's 
administration, and one of the country's staunch est men 
during the critical period which followed Lincoln's assas- 
sination. He was one of the managers chosen by the 
House of Representatives to conduct the impeachment 
trial of Andrew Johnson. 

The Electoral College. 

302. Each State is entitled to as many Presidential 



158 CIVIL GOVERNMENT OF IOWA. 

Electors as it has Senators and Representatives in Con- 
Number. How grass, and it chooses them in such manner 
convened. ag ^ s Legislature directs. In this State, 

when the Executive Council completes the canvass of the 
votes, the Governor is informed of the result. He then 
issues a certificate of election under his hand and the 
seal of the State, and causes it to be served on each per- 
son elected, notifying him to attend at the seat of gov- 
ernment at noon of the Tuesday preceding the first 
Wednesdaj' of December next after his election, and 
report himself to the Governor as being in attendance. 

303. This notice brings the Electors together at the 

time stated, and they report to the Gov- 

Fill Vacancy. 7 T e 4-1 • 

ernor in a body. In case any one ot their 
number is absent, or if the number of Electors is defi- 
cient, those present proceed to elect some citizen of the 
State to fill the vacancy. They certify their choice to 
the Governor, and cause the one chosen to be notified at 
once. The Electoral College being full, the Electors 
meet at the capital at noon of the next day, and proceed 
to the election, in conformity with the Constitution of 
the United States. 

304. In doing this, the Electors vote by ballot; first, 

for President, and second, for Vice Pres- 
ident; one of whom shall not be a resident 
of the State Avith themselves. This is done to prevent 
the election of both these high officials from the same 
State. 

305. The Electors make distinct lists of all persons 

voted for as President or Vice President, 

Lists. 

and the number of votes cast for each one. 
The Electors sign and certify these lists, and having 



MISCELLANEOUS INFORMATION. 159 

sealed them, transmit them to the seat of the Federal 
Government, directed to the President of the Senate. 
306. Ample precaution against fraud is taken by 
precaution making three lists; one of them is sent by 

Against Fraud. m ail, another by messenger chosen by the 
Electors, to the President* of the Senate at Washington. 
The third list is filed with the Judge of the United 
States Court in the district where the Electors meet. 

QUESTIONS. 

1. Name the Governors of Iowa. 

2. Who is Governor at the present time ? 

3. How many Congressmen has Iowa? 

4. When were they elected, and when do their terms 
expire ? 

5. Name the Congressman from your district. State 
all you can about him. 

6. What counties compose the district in which you 
live? 

* When the votes of all the states are likewise in the possession 
of the President of the Senate, nothing then remains to be done but 
for the two Houses of the National Congress to canvass the votes, as 
directed by the Constitution. To do this, they meet in joint session 
in the House of Representatives, at one o'clock p.m. of the second 
Wednesday in February following the election. The President of 
the Senate presides, and, in the presence of the members assembled, 
opens the sealed lists and hands them to the tellers, who count them. 
There are usually four tellers; two appointed by the Senate, and two 
by the House. The persons receiving a majority of the votes of the 
Electoral College, are declared elected President and Vice President 
of the United States. 

If no one receives a majority, the House of Representatives pro- 
ceeds to elect a President from the three persons who received the 
highest number of votes. The choice is made by ballot. The vote 
is taken by states, each State having but one vote. A majority of 
all the states is necessary to a choice. 

At the same time, the Senate proceeds to choose a Vice Presi- 
dent from the two having the highest number of votes for the office. 
A majority of the whole number of Senators is necessary to a choice. 



160 CIVIL GOVERNMENT OF IOWA. 

7. Name the Judges of the Supreme Court. 

8. Name the Senators from Iowa. 

9. State all you can of the history of Mr. Allison. 
Of Mr. Wilson. 

10. To how many Electors is Iowa entitled ? 

11. By whom are the Electors chosen ? 

12. How are they convened ? State fully. 

13. How are vacancies filled ? 

14. How do the Electors vote ? 

15. What of lists of persons voted for ? 

16. What precaution is taken against fraud ? 



General Questions Taken Mostly from Lists Issued 

by the State Superintendent of Public 

Instruction. 

1. How ma}^ the State Constitution be amended ? 

2. State fully the difference in the manner of choos- 
ing a United States Senator and a Representative. 

3. Who are the United States Senators from Iowa ? 

4. Give in substance the preamble to the Consti- 
tution. 

5. How is our State Legislature constituted ? 

6. How many members are there in each division of 
the Legislature ? 

7. When does the Legislature convene ? 

8. How long does it remain in session ? 

9. How did the United States acquire the territory 
where Des Moines now stands ? 

10. What do you understand by the General Assembly 
of Iowa ? 



MISCELLANEOUS QUESTIONS. , 161 

11. When and where does the General Assembly 
meet ? 

12. To how many Presidential Electors is this State 
entitled, and what are their duties 3 

13. Name the present Governor of Iowa. 

14. Who is member of Congress from this district ? 

15. Should the study of Civil Government receive 
special attention in our public schools ? Give reasons 
for your answer. 

16. When does the next term of the District Court of 
this county begin, and what class of offenses are tried 
in it? 

17. Give the names of all the county officers in this 
county. 

18. When were they elected ? 

19. What county officers are to be elected at the next 
election ? 

20. When does the next election occur ? 

21. Give the names of the State officers of the present 
administration. 

22. When did the Articles of Confederation go into 
effect? 

23. Why were they superseded by the present Con- 
stitution ? 

24. How many Senators and Representees compose 
the General Assembly of the State ? 

25. How many Congressional districts are there in the 
State ? 

26. What benefit should be derived from the study of 
the history of the State ? 

27. In case the Electoral College fails to elect a Presi- 
dent and Vice President, how are they elected ? 



11 



162 CIVIL GOVERNMENT OF IOWA. 

28. How may a bill become a law without the sig- 
nature of the Governor % 

29. State fully the other processes of law making. 

30. Name as many specified powers of the General 
Assembly as you can. 

31. How are the amendments to the Constitution 
made ? 

32. Name the three powers of government. 

33. In what officers is each power vested ? 

34. By whom and for what length of time are these 
officers chosen ? 

35. What is the title of the presiding officer of the 
Senate? 

36. How is he chosen ? 

37. What is the title of the presiding officer of the 
House ? 

38. How is this officer chosen ? 

39. What restrictions does the Constitution make 
regarding duelling ? 

40. Can private property be taken for public purposes 
without compensation ? Explain. 

41. What record must the journal of each House show 
on the final passage of a bill ? 

42. When does a law passed by the General Assembly 
take effect ? 

43. What is the jurisdiction of the Superior Court ? 

44. Write a' short sketch about each State institu- 
tion. 

45. What is a veto ? 

46. How is a bill passed over the Governor's veto 1 

47. What encouragement to education has the United 
States Government extended to Iowa ? 



MISCELLANEOUS QUESTIONS. 163 

48. Give a clear explanation of the United States 
Surveys. 

. 49. Draw a figure, locating on it the N.W. J of the 
N.W. I of Section 16, Township 72 north, Kange 9 
west of fifth principal meridian. 

50. What are the duties of Counry Attorney ? 

51. What are the duties and powers of the Governor ? 
Explain fully. 

52. What powers has the Federal Government? 

53. Make a clear and concise statement of the duties 
and powers of the General Assembly. 

54. What relations exist between the states ? 

55. State all you can about the Jury system. 

56. Name all the officers of your township. 

57. What are the duties of the Sub-Director ? The 
Teacher ? 

58. What is the duty of each officer appointed by the 
Governor? 

59. What are the duties of the Board of Supervisors, 
County Superintendent, and Coroner ? 

60. In what Township and Kange do you live? In 
Avhat Section ? 

61. Who is District Judge in the district in which 
you live ? 

62. Who is Mayor of your town or city ? 

63. What is the compensation of each State ofiicer ? 

64. How do members of the General Assembly draw 
their salaries ? 

65. What is an impeachment ? 

66. Who issues the proclamation for a general election % 
Explain. 

67. What persons compose the Executive Council ? 



161 CIVIL GOVERNMENT OF IOWA. 

68. What is the jurisdiction of a Justice of the Peace? 

69. When and for what length of time is the County 
Attorney elected ? 

70. What class of cases is tried in this Court? 

71. What body tries an impeachment? 

72. What is done with the lists which the electors of 
President and Vice-President make? 

73. How are vacancies in the Electoral College filled. 
71. What is the number of members of the Electoral 

College of Iowa. 

75. Show by a figure the location of the E. -| of the 
N. E. J of Section 21, Township 75 north, Eange 31 
west of 5th p. m. 



CONSTITUTION OF IOWA. 



Preamble. We, the People of the State of Iowa, grateful to the Supreme 
Being for the blessings hitherto enjoyed, and feeling our depend- 
ence on Him for a continuation of those blessings, do ordain and 
establish a free and independent government, by the name of The 
State of Iowa, the boundaries whereof shall be as follows : 
Boundary. Beginning in the middle of the main channel of the Mississippi 

river, at a point due east of the middle of t!ie mouth of the main chan- 
nel of the Des Moines river, thence up the middle of the main channel 
of the said Des Moines river, to a point on said river where the north- 
ern boundary line of the State of Missouri— as established by the Con- 
stitution of that State, adopted June 12, 1820— crosses the said middle 
of the main channel of the said Des Moines river; thence westwardly 
along the said northern boundary line of the State of Missouri, as 
established at the time aforesaid, until an extension of said line inter- 
sects the middle of the main channel of the Missouri river ; thence up 
the middle of the main channel of the said Missouri river to a point 
opposite to the middle of the main channel of the Big Sioux river, 
according to Nicollet's map ; thence up the main channel of the said 
Big Sioux river, according to the said map, until it is intersected by the 
the parallel of forty-three degrees and thirty minutes north latitude ; 
thence east along said parallel of forty-three degrees and thirty min- 
utes, until said parallel intersects the middle of the main channel of 
the Mississippi river; thence down the middle of the main channel of 
the said Mississippi river to the place of beginning. 



ARTICLE I.— BILL OF RIGHTS. 
Rights of Section 1. All men are, by nature, free and equal, and have cer- 

Persons. tain inalienable rights, among which are those of enjoying and defend- 
ing life and liberty, acquiring, possessing, and protecting property, 
and pursuing and obtaining safety and happiness. 
Political Sec. 2. All political power is inherent in the people. Government 

Power. is instituted for the protection, security, and benefit of the people, and 
they have the right, at all times, to alter or reform the same, whenever 
the public good may require it. 
Religion. Sec. 3. The General Assembly shall make no law respecting an 

establishment of religion, or prohibiting the free exercise thereof ; 
nor shall any perscn be compelled to attend any place of worship, pay 
tithes, taxes, or other rates, for building or repairing places of wor- 
ship, or the maintenance of any minister or ministry. 
Religious Sec. 4. No religious test shall be required as a qualification for 

Test. any office of public trust, and no person shall be deprived of any of his 

rights, privileges or capacities, or disqualified from the performance 
of any of his public or private duties, or rendered incompetent to give 
evidence in any court of law or equity, in consequence of his opinions 
on the subject of religion ; and any party to any judicial proceeding 
shall have the right to use as a witness, or take the testimony of, any 
16j 



166 



CIVIL GOVERNMENT OF IOWA. 



Dueling. 



Laws Uni- 
form. 



Liberty of 
Speech and 
Press. 



Personal 
Security. 



Trial by 
Jury. 



Rights of 
Persons 
Accused. 



Without 
Indictment. 



By Indict- 
ment. 

Twice Tried. 
Bail. 



Habeas 
Corpus. 



Military. 



Quartering 
Troops. 



other person, not disqualified on account of interest, who may be cog- 
nizant of any fact material to the case ; and parties to suits may be 
witnesses, as provided by law. 

Sec. 5. Any citizen of this State who may hereafter be engaged, 
either directly or indirectly, in a duel, either as principal or accessory 
before tbe fact, shall forever be disqualified from holding any office 
under the Constitution and laws of this State. 

Sec. 6. All laws of a general nature shall have a uniform opera- 
tion ; the General Assembly shall not grant to any citizen, or 
class of citizens, privileges or immunities, which upon the same terms 
shall not equally belong to all citizens. 

Sec. 7. Every person may speak, write and. publish his sentiments 
on all subjects, being responsible for the abuse of that right. No law 
shall be passed to restrain or abridge the liberty of speech or of the 
press. In all prosecutions or indictments for libel, the truth may be 
given to the jury, and if it appear to the jury that the matter charged 
as libelous was true, and was published with good motives and for 
justifiable ends, the party shall be acquitted. 

Sec. 8. The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable seizures and searches 
shall not be violated ; and no warrant shall issue but on probable 
cause, supported by oath or affirmation, particularly describing the 
place to be searched, and the persons and things to be seized. 

Sec. 9. The right of trial by jury shall remain inviolate ; but the 
General Assembly may authorize trial by a jury of a less number than 
twelve men in inferior courts; but no person shall be deprived of life, 
liberty, or property, without due process of law. 

Sec. 10. In all criminal prosecutions, and in cases involving the 
life or liberty of an individual, the accused shall have the right to a 
speedy and public trial by an impartial ;ury ; to be informed of the 
accusation against him ; to have a copy of the same when demanded : 
to be confronted with the witnesses against him ; to have compulsory 
process for his witnesses ; and to have the assistance of counsel. 

Sec. 11. All offenses less than felony, and in which the punish- 
ment does not exceed a fine of one hundred dollars, or imprisonment 
for thirty days, shall be tried summarily before a Justice of the Peace, 
or other officer authorized by law, on information under oath, without 
indictment, or the intervention of a grand jury, saving to the defend- 
ant the right of appeal j and no person shall be held to answer for any 
higher criminal offense, unless on presentation or indictment by a 
grand jury, except in cases arising in the army or navy, or in the mili- 
tia, when in actual service, in time of war or public danger. 

Sec. 12. No person shall, after acquittal, be tried for the same 
offense. All persons shall, before conviction, be bailable by sufficient 
sureties, except for capital offenses, where the proof is evident, or the 
presumption great. 

Sec. 18. The writ of habeas corpus shall not be suspended, or 
refused when application is made as required by law. unless in case 
of rebellion or invasion, the public safety may require it. 

Sec. 14. The military shall be subordinate to the civil power. 
No standing army shall be kept up by the State in time of peace; 
and in time of war, no appropriation for a standing army shall be for 
a longer time than two years. 

Sec. 15. No soldier shall, in lime of peace, be quartered in any 
house without the consent of the owner, nor in time of war except in 
the manner prescribed by law. 



CONSTITUTION OF IOWA. 



167 



Bail. Pun- 
ishments. 



Eminent 
Domain. 



Imprison- 
ment for 
Debt. 

Petition. 



Aliens hold 
Property. 



Slavery. 



Reserva- 
tion. 



Rights 
Retained. 



Sec. 16. Treason against the State shall consist only in levying 
war against it, adhering to its enemies, or giving them aid and com- 
fort. No person shall be coavicted of treason, unless on the evidence 
of two witnesses to the same overt act, or confession in open court. 

Sec. 17. Excessive hail shall not be required ; excessive fines 
shall not he imposed, and cruel and unusual punishment shall not he 
inflicted. 

Sec. 18. Private property shall not he taken for public use with- 
out just compensation first being made, or secured to he made, to the 
owner thereof, as soon as the damages shall he assessed by a jury, who 
shall not take inco consideration any advantages that may result to 
said owner on account of the improvement for which it is taken. 

Sec. 19. No person shall he imprisoned for deht in any civil 
action, on mesne or final process, unless in case of fraud ; and no per- 
son shall he imprisoned for a military fine in time of peace. 

Sec. 20. The people have the right freely to assemble together to 
counsel for the common good ; to make known their opinions to their 
representatives, and to petition for a redress of grievances. 

Sec. 21. No bill of attainder, ex-post-facto law, or law impairing 
the obligation of contracts, shall ever he passed. 

Sec. 22. Foreigners who are. or may hereafter hecome residents 
of this State, shall enjoy the same rights in respect to the possession, 
enjoyment, and descent of property, as native-horn citizens. 

Sec. 23. There shall he no slavery in this State ; nor .shall there 
be involuntary servitude, unless for the punishment of crime. 

Sec. 24. No lease or grant of agricultural lands, reserving any 
rent or service of any kind, shall he valid for a longer period than 
twenty years. 

Sec. 25. The enumeration of rights shall not he construed to im- 
pair or deny others, retained by the people. 



ARTICLE II. -RIGHT OF SUFFRAGE. 

Electors. Section 1. Every male citizen of the United States, of the age of 

twenty-one years, who shall have been a resident of the State six 
months next preceding the election, and of the county in which he 
claims his vote, sixty days, shall he entitled to vote at all elections 
which are now or hereafter may he authorized by law. 

Privilege. Sec. 2. Electors shall, in all cases except treason, felony, or breach 

of the peace, he privileged from arrest on the clays of election, during 
their attendance at such elections, going to and returning therefrom. 

Same. Sec. 3. No elector shall be obliged to perform military duty on the 

day of election, except in time of war or public danger. 

Resident. Sec. 4. No person in the military, naval, or mp.rine service of the 

United States shall he considered a resident of this State by heing sta- 
tioned in any garrison, barrack, or military or naval place or station 
within this State. 

Insane. Sec. 5. No idiot or insane person, or person convicted of any 

infamous crime, shall he entitled to the privilege of an elector. 

Ballot. Sec. 6. All elections by the people shall he by ballot, 



ARTICLE III.-OF THE DISTRIBUTION OF POWERS. 

Dept's of Section 1. The powers of the government of Iowa sh II he 

Govern- divided into three separate departments : The Legislative, the Exec- 
ment, utive, and the Judicial ; and no person charged with the exercise of 



168 



CIVIL GOVERNMENT OF IOWA. 



powers properly belonging to one of these departments shall exercise 
any function appertaining to either of the others, except in cases 
hereinafter expressly directed or permitted. 



LEGISLATIVE DEPARTMENT. 

Legislative Section 1. The Legislative authority of this State shall be vested 

Authority, in a General Assembly, which shall consist of a Senate and House of 
Representatives ; and the style of every law shall be : "Be it enacted 
by the General Assembly of the State of Iowa.''' 1 

Sessions. Sec. 2. The sessions of the General Assembly shall be biennial, 

and shall commence on the second Monday in January next ensuing 
the election of its members ; unless the Governor of the State shall, in 
the meantime, convene the Generai Assembly by proclamation. 

Members of Sec. 3. The members of the House of Representatives shall be 

House of chosen every second year, by the qualified electors of their respective 
Represen- districts, on the second Tuesday in October, except the years of the 
tatives. Presidential election when the election shall be on the Tuesday next 
after the first Monday in November ; and their term of office shall 
commence on the first day of January next after their election, and 
continue two years, and until their successors are elected and qual- 
ified. 

Eligibility. Sec. 4. No person shall be a member of the House of Representa- 

tives who shall not have attained the age of twenty-one years, be a male 
citizen of the United States, and shall have been an inhabitant of this 
State one year next preceding his election, and at the time of his elec- 
tion shall have had an actual residence of sixty days in the county or 
district he may have been chosen to represent. 

Senators. Sec. 5. Senators shall be chosen for the term of four years, at the 

same time and place as Representatives ; they shall be twenty-five 
years of age, and possess the qualifications of Representatives as to 
residence and citizenship. 

Number and Sec. 6. The number of Senators shall not be less than one-third 
Classifica- nor more than one-half the Representative body ; and shall be so 
tion. classified by lot, that one class being as nearly one-half as possible, 

shall be elected every two years. When the number of Senators is in- 
creased, they shall be annexed by one lot to one or the other of the 
two classes, so as to keep them as nearly equal in numbers as 
practicable. 

Elections Sec. 7. Each House shall choose its own officers, and judge of the 

Determ- qualification, election and return of its own members. A contested 
ined, election shall be determined in such manner as shall be directed by 

law. 

Quorum. Sec. 8. A majority of each House shall constitute a quorum to 

transact business ; but a smaller number may adjourn from day to 
day, and may compel the attendance of absent members in such man- 
ner and under such penalties as each House may provide. 

Authority Sec. 9. Each House shall sit upon its own adjournments, keep a 

of the journal of its proceedings, and publish the same ; determine its rules 

House. of proceedings, punish members for disorderly behavior, and with the 

consent of two-thirds, expel a member, but not a second time for the 

same offense ; and shall have all other power necessary for a branch 

of the General Assembly of a free and independent State. 

Protest. Sec. 10. Every member of the General Assembly shall have 

the liberty of dissent from or protest against any act or resolution 
which he may think injurious to the public or an individual, and have 



CONSTITUTION OF IOWA. 



169 



Privilege. 



Vacancies. 



Doors Open. 



Adjourn- 
ments. 



To be Ap- 
proved, 
etc. 



Same. 



Receipts 
and Ex- 
penditures, 

Impeach- 
ment. 



Who Liable 
to and 
Judgment. 



the reasons for his dissent entered on the journals ; and the yeas and 
nays of the members of either House, on any question, shell, at the 
desire of any two members present, be entered on the journals. 

Sec. 11. Senators and Representatives, in all cases, except 
treason, felony, or breach of the peace, shall be privileged from arrest 
during the session of the General Assembly, and in going to and 
returning from the same. 

Sec. 12. When vacancies occur in either House, the Governor, or 
the person exercising the functions of Governor, shall issue writs of 
election to fill such vacancies. 

Sec. 13. The doors of each House shall be open, except on such 
occasions as, in the opinion of the House, may require secrecy. 

Sec. 14. Neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which they may be sitting. 

Sec. 15. Bills may originate in either House, and may be amended, 
altered or rejected by the other ; and every bill having passed both 
Houses, shall be signed by the Speaker and President of their respect- 
ive Houses. 

Sec. 16. Every bill which shall have passed the General Assem- 
bly shall, before it becomes a law, be presented to the Governor. If he 
approve, he shall sign it ; but if not, he shall return it with his objec- 
tions, to the House in which it originated, which shall enter the same 
upon their journal, and proceed to reconsider it ; if, after such recon- 
sideration, it again pass both Houses, by yeas and nays, by a major- 
ity of two-thirds of the members of each House, it shall become a law, 
notwithstanding the Governor's objections. If any bill shall not be 
returned within three days after it shall have been presented to him 
(Sunday excepted), the same shall be a law in like manner as if he 
had signed it, unless the General Assembly, by adjournment, prevent 
such return. Any bill submitted to the Governor for his approval dur- 
ing the last three days of a session of the General Assembly, shall be 
deposited by him in the office of the Secretary of State within thirty 
days after the adjournment, with his approval, if approved by him, 
and with his objections if he disapproves thereof. 

Sec. 17. No bill shall be passed unless by the assent of a majority 
of all the members elected to each branch of the General Assembly, 
and the question upon the final passage shall be taken immediately 
upon its last reading, and the yeas and nays entered upon the journal. 

Sec. 18. An accurate statement of the receipts and expenditures 
of the public money shall be attached to and published with the laws 
at every regular session of the General Assembly. 

Sec. 19. The House of Representatives shall have the sole power 
of impeachment, and ali impeachments shall be tried by the Senate. 
When sitting for that purpose, the Senators shall be upon oath or affir- 
mation ; and no person shall be convicted without the concurrence of 
two-thirds of the members present. 

Sec. 20. The Governor, Judges of the Supreme and District 
Courts, and other State officers, shall be liable to impeachment for any 
misdemeanor or malfeasance in office ; but judgment in such cases 
shall extend only to removal from office and disqualification to hold 
any office of honor, trust or profit under this State ; but the party con- 
victed or acquitted shall nevertheless be liable to indictment, trial, and 
punishment according to law. All other civil officers shall be tried for 
misdemeanors and malfeasance in office, in such manner as the Gen- 
eral Assembly may provide. 



170 



CIVIL GOVERNMENT OF IOWA. 



Members not 
appointed 
to office. 



Disqualifi- 
cation. 



Same. 



Money 
Drawn. 

Compensa- 
tion of 
Members. 



^Laws; when 
to take 
effect. 



Publica- 
tion. 
Divorce. 
Lotteries. 

Acts; Sub- 
ject to be 
Expressed. 



Local or 
special 
laws. 



Laws; Gen- 
eral and 
Uniform. 



Sec. 21. No Senator or Representative shall, during the time for 
which he shall have been elected, be appointed to any civil office of 
profit under this State, which shall have been created or the emolu- 
ments of which shall have been increased during such term, except 
such offices as may be filled by elections of the people. 

Sec. 22. No person holding any lucrative office under the United 
States, or this State, or any other power, shall be eligible to hold a seat 
in the General Assembly ; but offices in the militia, to which there is 
attached no annual salary, or the office of justice of the peace, or post- 
master, whose compensation does not exceed one huudred dollars per 
annum, or notary public, shall not be deemed lucrative. 

Sec. 23. No person who may hereafter be a collector or holder of 
public moneys, shall have a seat in either House of the General 
Assembly, or be eligible to hold any office of trust or profit in this 
State, until he shall have accounted for and paid into the treasury all 
sums for which he may be liable. 

Sec. 24. No money shall be drawn from the treasury but in con- 
sequence of appropriations made by law. 

Sec. 25. Each member of the first General Assembly under this 
Constitution shall receive three dollars per diem while in session ; and 
the further sum of three dollars for every twenty miles traveled in 
going to and returning from the place where such session is held, by 
the nearest traveled route ; after which they shall receive such com- 
pensation as shall be fixed by law ; but no General Assembly shall 
have the power to increase the compensation of its members. And 
when convened in extra session they shall receive the same mileage 
and per diem compensation as fixed by law for the regular session, 
and none other. 

Sec 26. No law of the General Assembly, passed at a regular ses- 
sion, of a public nature, shall take effect until the fourth day of July 
next after the passage thereof. Laws passed at a special session shall 
take effect ninety days after the adjournment of the General Assembly 
by which they were passed. If the General Assemly shall deem any 
law of immediate importance, they may provide that the same shall 
take effect by publication in newspapers of the State. 

Sec. 27. No divorce shall be granted by the General Assembly. 

Sec. 28. No lottery shall be authorized by this State; nor shall the 
sale of lottery tickets be allowed. 

Sec. 29. Every act shall embrace but one subject, and matters 
properly connected therewith, which subject shall be expressed in the 
title; but if any subject shall be embraced in an act which shall not be 
expressed in the title, such act shall be void only as to so much thereof 
as shall not be expressed in the title. 

Sec. 30. The General Assembly shall not pass local or special laws 
in the following cases: 

For the assessment and collection of taxes for State, county, or road 
purposes; 

For laying out, opening, and working roads or highways; 

For changing the names of persons: 

For the incorporation of cities and towns; 

For vacating roads, town plats, streets, alleys, or public squares; 

For locating or changing county seats. 

In all the cases above enumerated, and in all other cases where a 
general law can be made applicable, all laws shall be general, and of 
uniform operation throughout the State; and no law changing the 
boundary lines of any county shall have effect until, upon being sub- 



CONSTITUTION OF IOWA. 



171 



Extra com- 
pensation. 



Oath of 
members. 



Census. 



Apportion- 
ment. 



Districts. 



Ratio of 
represen- 
tation. 

Districts. 



Elections 
by General 
Assembly. 



mitted to the people of the counties affected by the change, atageneral 
election, it shall be approved by a majority of the votes in each county 
cast for and against it. 

Sec. 31. No extra compensation shall be made to any officer, pub- 
lic agent, or contractor, after the service shall have been rendered, or 
the contract entered into; nor shall any money be paid on any claim, 
the subject matter of which shall not have been provided for by pre- 
existing laws, and no public money or property shall be appropriated 
for local or private purposes, unless such appropriation, compensation 
or claim be allowed" by two-thirds of the members elected to each 
branch of the General Assembly. 

Sec. 32. Members of the General Assembly shall, before they en- 
ter upon the duties of their respective offices, take and subscribe the 
following oath or affirmation : " I do solemnly swear (or affirm as the 
case may be) that I will support the Constitution of the United States, 
and the Constitution of the State of Iowa, and that I will faithfully dis- 
charge the duties of Senator (or Representative, as the case may be), 
according to the best of my ability;" and members of the General As- 
sembly are hereby empowered to administer to each other the said 
oath or affirmation. 

Sec. 33. The General Assembly shall, in the years one thousand 
eight hundred and fifty-nine, one thousand eight hundred and sixty- 
three, one thousand eight hundred and sixty-five, one thousand eight 
hundred and sixty-seven, oae thousand eight hundred and sixty-nine, 
one thousand eight hundred and seventy-five, and every ten years 
thereafter, cause an enumeration to be made of all the Inhabitants of 
the State. 

Sec. 34. The number of Senators shall, at the next session follow- 
ing each period of making such enumeration, and the next session 
following each United States census, be fixed by law, and apportioned 
among the several counties according to the number of inhabitants iu 
each. 

Sec. 35. The Senate shall not consist of more than fifty members, 
nor the House of Representatives of more than one hundred; and they 
shall be apportioned among the several counties and representative 
districts of the State according to the number of inhabitants ineacn 
upon ratios to be fixed by law; but no representative district shall 
contain more than four organized counties, and each district shall be 
entitled to at least one Representative. Every county and district 
which shall have a number of inhabitants equal to one- half of the ratio 
fixed by law, shall be entitled to one Representative; and any one 
county containing, in addition to the ratio fixed by law, one-half of 
that numbei', or more, shall be entitled to one additional Representa- 
tive. No floating district shall hereafter be formed. 

Sec. 36. At its first session under this Constitution, and at every 
subsequent regular session, the General Assembly shall fix the ratio of 
representation, and also form into representative districts those 
counties which will not be entitled singly to a Representative. 

Sec. 37. When a Congressional, Senatorial, or Representative 
district shall be composed of two or more counties, it shall not be en- 
tirely separated by any county belonging to another district; and no 
county shall be divided in forming a Congressional, Senatorial, or 
Representative district. 

Sec. 38. In all elections by the General Assembly, the members 
thereof shall vote Viva Voce; and the votes shall be entered on the 
journal. 



172 



CIVIL GOVERNMENT OF IOWA. 



Governor. 



Election 
and term. 



Lieutenant 
Governor. 



Election by 
General 
Assembly. 



Contested 
elections. 



Eligibility. 



Commander. 
Duties. 



Same. 
Vacancies. 



Convening 
Assembly. 



Message. 



Adjourn- 
ment. 



ARTICLE IV.--EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of ibis State shall be 
vested in a Chief Magistrate, who shall be styled the Governor of the 
State of Iowa. 

Sec. 2. The Governor shall be elected by the qualified electors at 
the time and place of voting for members of the General Assembly 
and shall hold his office two years from the time of his installation, and 
until his successor is elected and qualified. 

Sec. 3. There shall be a Lieutenant Governor, who shall hold his 
office two years, and be elected at the same time as the Governor. In 
voting for Governor and Lieutenant Governor, the electors shall des- 
ignate for whom tney vote as Governor, and for whom as Lieutenant 
Governor. The returns of eveiy election for Governor and Lieuten- 
ant Governor shall be sealed up and transmitted to the seat of Gov- 
ernment of the State, directed to the Speaker of the House of Repre- 
sentatives, who shall open and publish them in the presence of both 
Houses of the General Assembly. 

Sec. 4. The persons respectively having the highest number of 
votes for Governor and Lieutenant Governor shall be declared duly 
elected; but in case two or more persons shall have an equal, and the 
highest number of votes for either office, the General Assembly shall, 
by joint vote, forthwith proceed to elect one of said persons Governor, 
or Lieutenant Governor, as the case may be. 

Sec. 5. Contested elections for Governor or Lieutenant Governor, 
shall be determined by the General Assembly in such manner as may 
be prescribed by law. 

Sec. 6. No person shall be eligible to the office of Governor or 
Lieutenant Governor, who shall not have been a citizen of the United 
States and a resideucof the State two years next preceding the election, 
and attained the age of thirty years at the time of said election. 

Sec. 7. The Governor shall be commander-in-chief of the militia, 
the army ami navv of this State. 

Sec. 8. He shall transact all executive business with the officers 
of government, civil and military, and may require information in 
writing from the officers of the Executive Department upon any sub- 
ject relating to the duties of their respective offices. 

Sec. 9. He shall take care that the laws are faithfully executed. 

Sec. 10. When any office shall, from any cause, become vacant, 
and no mode is provided by the Constitution and laws for filling such 
vacancy, the Governor shall have power to fill such vacancy by grant- 
ing a commission, which shall expire at the end of the next session of 
the General Assembly, or at the next election by the people. 

Sec. 11. He may, on extraordinary occasions, convene the Gen- 
eral Assembly by proclamation, and shall state to both Houses, when 
assembled, the purpose for which they shall have been convened. • 

Sec. 12. He shall communicate, by message, to the General 
Assembly, at every regular session, the condition of the State, and 
recommend such matters as he shall deem expedient. 

Sec. 13. In case of disagreement between the two Houses with 
respect to the time of adjournment, the Governor shall have power to 
adjourn the General Assembly to such time as he may thinic proper; 
but no such adjournment shall be beyond the time fixed for the 
regular meeting of the next General Assembly. 



CONSTITUTION OF IOWA. 



173 



Disqualifi- Sec. 14. No person shall, while holding any office under the 

cation. authority of the United States, or this State, execute the office of 

Governor or Lieutenant Governor, except as hereinafter expressly 
provided. 
Term. Sec. 15. Tne official term of the Governor and Lieutenant Gov- 

ernor, shall commence on the second Monday of January next after 
their election, and continue for two years, and until their successors 
are elected and qualified. The Lieutenant Governor, while acting as 
Governor, shall receive the same pay as provided for Governor: and 
while presiding in the Senate, shall receive as compensation therefor 
the same mileage and double the per diem pay provided for a Senator, 
and none other. 
Pardons. Sec. 16. The Governor shall have power to grant reprieves, com- 

etc. mutations and pardons, after conviction, for all offenses except treason 

and cases of impeach inent, subject to such regulations as may be 
provided by law. Upon conviction for treason, he shall have power to 
suspend the execution of the sentence until ihe case shall be reported 
to the General Assembly at its next meeting, when the General Assem- 
bly shall either grant a pardon, commute the sentence, direct the 
execution of the sentence, or grant a further reprieve. He shall have 
power to remit fines and forfeitures, under such regulations as may be 
prescribed bylaw; and shall report to the General Assembly, at its 
next meeting, each case of reprieve, commutation, or pardon granted, 
and the reason therefor; and also all persons in whose favor remission 
of fines and forfeitures shall have been made, and the several amounts 
remitted. 
Lieutenant Sec. 17. In case of the death, impeachment, resignation, removal 

Governor from office, or other disability of the Governor, the powers and duties 
act as of the office for the residue of the term, or until he shall be acquitted, or 

Governor, the disability removed, shall devolve upon the Lieutenant Governor. 
Further va- Sec. 18. The Lieutenant Governor shall be President of the 

cancies Senate, but shall only vote when the Senate is equally divided; and in 

provided case of his absence or impeachment, or when he shall exercise the 
for. office of Governor, the Senate shall choose a President pro tempore. 

Same. Sec. 19. If the Lieutenant Governor, while acting as Governor, 

shall be impeached, displaced, resign or die, or otherwise become 
incapable of performing the duties of the office, the President pro 
tempore of the Senate shall act as Governor until the vacancy is filled, 
or the disability removed; and if the President of the Senate, for any 
of the above causes, shall be rendered incapable of performing the 
duties pertaining to the office of Governor, the same shall devolve 
upon the Speaker of the House of Representatives. 

Sec. 20. There shall be a seal of this State, which shall be kept 
by the Governor, and used by him officially, and shall be called the 
Great Seal of the State of Iowa. 

Sec. 21. All grants and commissions shall be in the name and by 
the authority of the people of the State of Iowa, sealed with the Great 
Seal of the State, signed by the Governor, and countersigned by the 
Secretary of State. 

Sec. 22. A Secretary of State, Auditor of State, and Treasurer of 
State, shall be elected by the qualified electors, who shall continue in 
office two years, and until their successors are elected and qualified, 
and perform such duties as may be required by law. 



174 



CIVIL GOVERNMENT OF IOWA. 



ARTICLE V.-JUDICIAL DEPARTMENT. 



Courts. 



Supreme 
Court. 

Judges 
Elected. 



Jurisdic- 
tion. 



District 
Judges 
Elected. 



Jurisdic- 
tion. 



Conservators 
of the Peace. 
Style of 
Process. 



Salaries. 



Judicial 
Districts. 



Section 1. The Judicial power shall be vested in a Supreme 
Court, District Court, and such other Courts, inferior to the Supreme 
Court, as the General Asssembly may, from time to time, establish. 

Sec. 2. The Supreme Court shall consist of three Judges, two of 
whom shall constitute a quorum to hold court. 

Sec. 3. The Judges of the Supreme Court shall be elected by the 
qualified electors of the State, and shall hold their Court at such 
time and place as the General Assembly may prescribe. The Judges 
of the Supreme Court, so elected, shall be classified so that one Judge 
shall go out of office every two years; and the Judge holding the 
shortest term of office, under such classification, shall be Chief Justice 
of the Court during his term, and so on in rotation. After the expira- 
tion of their terms of office, under such classification, the term of each 
Judge of the Supreme Court shall be six years, and until his successor 
shall have been elected and qualified. The Judges of the Supreme 
Court shall be ineligible to any other office in the State during the 
term for which they have been elected. 

Sec. 4. The Supreme Court shall have appellate jurisdiction only 
in cases in chancery, and shall constitute a Court for the correction of 
errors at law, under such restrictions as the General Assembly may by 
law prescribe; and shall have power to issue all writs and process 
necessary to secure justice to parties, and exercise a supervisory 
control over all inferior judicial tribunals throughout the State. 

Sec. 5. The District Court shall consist of a single Judge, who 
shall be elected by the qualified electors of the district in which 
he resides. The Judge of the District Court shall hold his office for 
the term of four years, and until his successor shall have been elected 
and qualified; and shall be ine'igible to any other office, except that of 
Judge of the Supreme Court, during the term for which he was 
elected. 

Sec. 6. The District Court shall be a Court of law and equity, 
which shall be distinct and separate jurisdictions, and have juris- 
diction in civil and criminal matters arising in their respective 
districts in such manner as shall be prescribed by law. 

Sec. 7. The Judges of the Supreme and District Courts shall be 
conservators of the peace throughout the State. 

Sec. 8. The style of all processes shall be, "The State of Iowa," 
and all prosecutions shall be conducted in the name and by the author- 
ity of the same. 

Sec. 9. The salary of each Judge of the Supreme Court shall 
be two thousand per annum, and that of each District Judge one thou- 
sand six hundred dollars per annum, until the year eighteen hundred 
and sixty ; after which time they shall severally receive such compen- 
sation as the General Assembly may, by law, prescribe, which com- 
pensation shall not be increased or diminished during the term for 
which they shall have been elected. 

Sec. 10. The State shall be divided into eleven Judicial Districts, 
and after the year eighteen hundred and sixty, the General Assembly 
may reorganize the Judicial Districts, and increase or diminish the 
number of Districts, or the number of Judges of the said Court, 
and may increase the number of Judges of the Supreme Court; but 
such increase or diminution shall not be more than one District, or 
one Judge of either Court, at any one session, and no reorganization of 



CONSTITUTION OF IOWA. 



175 



When 
Chosen. 



Attorney 
General. 



District 
Attorney, 



Duties of 
General 
Assembly. 



the Districts, or diminution of the number of Judges, shall have 
the effect of removing a Judge from office. Such reorganization of the 
Distnccs, or any change in the boundaries thereof, or increase or 
diminution of the number of Judges, shall take t place every four 
years thereafter, if necessary, and at no other time. 

Sec. 11. The Judges of the Supreme and District Courts shall be 
chosen at the general election; and the term of office of each Judge 
shall commence on the first day of January next after his election. 

Sec. 12. The General Assembly shall provide by law for the elec- 
tion of an Attorney General by the people, whose term of office shall 
be two years, and until his successor shall have been elected and 
qualified. 

Sec. 13. The qualified electors of each Judicial District shall, 
at the time of the election of District Judge, elect a District Attorney, 
who shall be a resident of the District for which he is elected, and who 
shall hold his office for the term of four years, and until his successor 
shall have been elected and qualified. 

Sec. 14. It shall be the duty of the General Assembly to provide 
for the carrying into effect of this article, and to provide for a general 
system of practice in all the Courts of this State. 



ARTICLE VI.— MILITIA. 

Whoconsti- Section 1. The militia of this State shall be composed of all able- 

tute. bodied male citizens between the ages of eighteen and forty-five years, 

except such as are, or may hereafter be, exempt by the laws of the 

United States, or of this State, and shall be armed, equipped, and 

trained, as the General Assembly may provide by law. 

Exemption. Sec. 2. No person or persons conscientiously scrupulous of bear- 

ing arms shall be compelled to do military duty in time of peace; Pro- 
vided, that such person or persons shall pay an equivalent for such 
exemption in the same manner as other citizens. 

Officers. Sec. 3. All commissioned officers of the militia (staff officers ex- 

cepted) shall be elected by persons liable to perform military duty, and 
shall be commissioned by the Governor. 



ARTICLE VIl.-STATE DEBTS. 

Limitation Section 1. The credit of the State shall not, in any manner, be 

of State given or loaned to, or in aid of, any individual, association or corpo- 
i indebted- ration; and the State shall never assume, or become responsible for, 
ness. the debts or liabilities of any individual, association, or corporation, 

unless incurred in time of war for the benefit of the State. 
Same. Sec. 2. The State may contract dehts to supply casual deficits or 

failures in revenues, or to meet expenses not otherwise provided for; 
but the aggregate amount of such debts, direct and contingent, whether 
contracted by virtue of one or more acts of the General Assembly, or 
at different periods of time, shall never exceed the sum of two hun- 
dred and fifty thousand dollars, and the money arising from the crea- 
tion of such debts shall be applied to the purpose for which it was 
obtained, or to repay the debts so contracted, and to no other purpose 
whatever. 
Losses to Sec. 3. All losses to the Permanent, School, or University fund of 

school- this State, which shall have been occasioned by the defalcation, mis- 
fund an- management or fraud of the agents or officers controlling and manag- 
dited. ing the same, shall be audited by the proper authorities of the State. 



176 



CIVIL GOVERNMENT OF IOWA. 



For what 
other pur- 
pose State 
may con- 
tract debts. 
Other 
debts to 
be au- 
thorized 
by special 
law. 



Submitted 
to the 
people. 

Legislature 
may re- 



Tax iin- 



tinctly 
stated. 



The amount so audited shall be a permanent funded debt against the 
State, in favor of the respective fund, sustaining the loss, upon which 
not less than six per cent annual interest shall be paid. The amount 
of liability so created shall not be counted as a part of the indebtedness 
authorized by the second section of this article. 

Sec. 4. In addition to the above limited power to contract debts, 
the State may contract debts to repel invasion, suppress insurrection, 
or defend the State in war; but the money arising from the debts so 
contracted shall be applied to the purpose for which it was raised, or 
to repay such debts, and to no other purpose whatever. 

Sec. 5. Except the debts hereinbefore specified in this article, no 
debt shall be hereafter contracted by or on behalf of this State, unless 
such debt shall be authorized by some law for some single work or 
object, to be distinctly specified therein; and such law shall impose 
a'id provide for the collection of a direct annual tax, sufficient to pay 
the interest on such debt, as it falls due, and also to pay and discharge 
the principal of such debt, within twenty years of the contracting 
thereof; but no such law shall take effect until, at a general election, it 
shall have been submitted to the people, and have received a majority 
of all the votes cast for and against it at such election; and all money 
raised by authority of such law, shall be applied only to the specific 
object therein stated, or to the payment of tlie debt created thereby; 
and such law shall be published in at least one newspaper in each 
county, if one is published therein, throughout the State, for three 
months preceding the election at which it is submitted to the people. 

Sec. 6. The Legislature may. at any time after the approval of 
such law by the people, if no debt shall have been contracted in pursu- 
ance thereof, repeal the same, and may at anytime forbid the contract- 
ing of any further debt or liability under such law; but the tax imposed 
by snch law, in proportion to the debt or liability which may have 
been contracted in pursuance thereof, shall remain in force and be 
irrepealable, and be annually collected, until the principal and inter- 
est are fully paid. 

Sec. 7. Every law which imposes, continues, or revives a tax, 
shall distinctly state the tax, and the object to which it is to be applied ; 
and it shall not be sufficient to refer to any other law to fix such tax or 
object. 



ARTICLE V1IL— CORPORATIONS. 



Corpora- Section 1. No corporation shall be created by special laws; but 

tions, how the General Assembly shall provide, by general laws, for the organi- 

created. zation of all corporations hereafter to be created, except as herein- 
after provided. 

Property Sec. 2. The property for all corporations for pecuniary profit 

taxable. shall be subiect to taxation, the same as that of individuals. 

State not Sec. 3. The State shall not become a stockholder in any corpora- 
te be a tion, nor shall it assume or pay the debt or liability of any corpora- 
stock- tion, unless incurred in time of war, for the benefit of the State, 
holder. Sec. 4. No political or municipal corporation shall become a 

Corporation stockholder in any banking corporation, directly or indirectly, 

not to be a Sec. 5. No act of the General Assembly, authorizing or creating 

stock- corporations or associations with banking powers, nor amendments 

holder. thereto, shall take effect or in any manner be in force, until the same 

Act creating shall have been submitted, separately, to the people, at a general or 

corpora- special election, as provided by law. to be held not less than three 



CONSTITUTION OF IOWA. 



177 



tion sub- mouths after the passage of the act, and shall have been approved by 

mittedto a majority of air the electors voting for and against it at such election. 

the people. Sec. 6. Subject to the provisions of the foregoing section, the 

State bank. General Assembly may also provide for tbe establishment of a State 

Bank, with branches. 
Founded on Sec. 7. If a State Bank be established, it shall be founded on an 

specie ba- actual specie basis, and the branches shall be mutually responsible 
sis. for each other's liabilities upon all notes, bills, and other issues in- 

tended for circulation as monev. 
General Sec. 8. If a general banking law shall be enacted, it shall provide 

banking for the registry and countersigning, by an officer of State, of all bills 
law to or paper credit designed to circulate as money, and require security to 

provide the full amount thereof, to be deposited with the State Treasurer, in 
for. United States stocks, or in interest paying stocks of States in good 

credit and standing, to be rated at ten per cent, below their average 
value in the city of New York, for the thirty days next preceding their 
deposit; and in case of a depreciation of any portion of such stocks, to 
the amount of ten per cent, on the dollar, the bank or banks owning 
said stocks shall be required to make up said deficiency by depositing 
additional stocks; and said law shall also provide for the recording of 
the names of all stockholders in such corporations, the amount of 
stock held by each, the time of any transfer and to whom. 

Sec. 9. Every stockholder in a banking corporation or institution 
shall be individually responsible and liable to its creditors, over and 
above the amount of stock by him and her held, to an amount equal to 
his or her respective shares so held, for all its liabilities, accruing 
while he or she remains such stockholder. 

Sec. 10. In case of the insolvency of any banking institution, the 
bill holders shall have a preference over its other creditors. 

Sec. 11. The suspension of specie payments by banking institu- 
tions shall never be permitted or sanctioned. 
General As- Sec. 12. Subject to the provisions of this article, the General As- 

sembly sembly shall have power to amend or repeal all laws for the organiza- 

may amend tion or creation of corporations, or granting of special or exclusive 
or repeal. privileges or immunities, by a vote of two-thirds of each branch of 
the General Assembly; and no exclusive privileges, except as in this 
article provided, shall ever be granted. 



ARTICLE IX.-EDUCATION AND SCHOOL LANDS. 



FI RST-EDUC ATION. 



divided. 



Section 1. The educational interests of the State, including Com- 
mon Schools and other educational institutions, shall be under the 
management of a Board of Education, which shall consist of the Lieu- 
tenant Governor, who shall be the presiding officer of the Board, and 
have the casting vote in case of a tie, and one member to be elected 
from each judicial district in the State. 

Sec. 2. No person shall be eligible as a member of said Board who 
shall not have attained the age of twenty-five years, and shall have 
been one year a citizen of the State. 

Sec. 3. One member of said Board shall be chosen by the qualified 
electors of each district, and shall hold the office for the term of four 
years, and until his successor is elected and qualified. After the first 
election under this Constitution, the Board shall be divided, as nearly 
as practicable, into two equal classes, and the seats of the first class 



12 



178 



CIVIL GOVERNMENT OF IOWA. 



First ses- 
sion held. 



Limited to 
twenty 
days. 

Secretary. 



Rules and 
regula- 
tions of 
board. 

Powers. 



Governor, 
ex-officio, a 
member. 

Contingent. 



State Uni- 
versity. 

Board of 
Education 
provide. 



Compensa- 
tion. 



Quorum; 
style of 
acts. 



When Board 
may be 
abolished. 



shall be vacated after the expiration of two years, and one-half of the 
Board shall be chosen every two years thereafter. 

Sec. 4. The first session of the Board of Education shall be held 
at the Seat of Government, on the first Monday of December after their 
election, after which the General Assembly may fix the time and place 
of meeting. 

Skc. 5. The session of the Board shall be limited to twenty days, 
and but one session shall be held in any one year, except upon extra- 
ordinary occasions, when, upon the recommendation of two-thirds of 
the Board, the Governor may order a special session. 

Sec. 6. The Board of Education shall appoint a Secretary who 
shall be the executive officer of the Board, and perform such duties as 
maybe imposed upon him by the Board, and the laws of the State- 
They shall keep a journal of their proceedings, which shall be pub- 
lished and distributed in the same manner as the journals of the Gene- 
ral Assembly. 

Sec. 7. All rules and regulations made by the Board shall be pub- 
lished and distributed to the several counties, townships, and school 
districts, as may be provided for by the Board, and when so made, 
published, and distributed, they shall have the force and effect of law. 

Sec. 8. The Board of Education shall have full power and au- 
thoriy to legislate and make all needful rules and regulations in rela- 
tion to Common Schools, and other educational institutions that are 
instituted, to receive aid from the School or University fund of this 
State; but all acts, rules and regulations of said Board may be altered 
amended, or repealed by the General Assembly, and when so altered, 
amended, or repealed, they shall not be re-enacted by the Board of 
Education. 

Sec. 9. The Governor of the State shall be, ex-offlcio, a member of 
said Board. 

Sec. 10. The Board shall have no power to levy taxes, or make 
appropriations of inonev. Their contingent expenses shall be pro- 
vided for by the General Assembly. 

SeC. 11. The State University shall be established at one place with- 
out branches at any other place, and the University fund shail be ap- 
plied to that institution and no other. 

Sec. 12. The Board of Education shall provide for the education 
of all the youths of the State, through a system of common schools, and 
such schools shall be organized and kept in each school district at 
least three mouths in each year. Any district failing, for two consecu- 
tive years, to organize and keep up a school, as aforesaid, may be de- 
prived of their portion of the school fund. 

Sec. 13. The members of the Board of Education shall each re- 
ceive the same per diem during the time of their session, and mileage 
going to and returuing therefrom, as members of the General As- 
sembly. 

Sec. 14. A majority of the Board shall constitute a Quorum for 
the transaction of business; but no rule, regulation, or law for the 
government of common schools or other educational institutions shall 
pass without the concurrence of a majority of all the members of the 
Board, which shall be expressed by the yeas and nays on the final pass- 
age. The style of all acts of the Board shall be : " Be it enacted by 
the Board of Education of the State of Iowa." 

Sec. 15. At any time after the year one thousand eight hundred 
and sixty-three, the General Assembly shall have power to abolish or 
reorganize said Board of Education.and provide for the educational in- 



CONSTITUTION OF IOWA. 



179 



Lands ap- 
propriated 
to educa- 
tional pur- 
poses. 



Fines and 
forfeit- 
ures, how 
appropri- 
ated. 



Lands 
reserved 
or granted, 
or funds 
accruing 
to be a per- 
manent 
fund. 

Interest 
applied. 



terests of the State in any other manner that to them shall seem best 
and proper. 

SECOND— SCHOOL FUNDS AND SCHOOL LANDS. 

Section 1. The educational and school funds and lands shall be 
under the control and management of the General Assembly of the 
State. 

Sec. 2. The University lands, and the proceeds thereof, and all 
moneys belonging to said fund shall be a permanent fund for the sole 
use of the State University. The interest arising from the same shall 
be annually appropriated for the support and benefit of said Uni- 
versity. 

Sec. 3. The General Assembly shall encourage, by all suitable 
means, the promotion of intellectual, scientific, moral, and agricul- 
tural improvement. The proceeds of all lands that have been, or here- 
after may be, granted by the United States to this State, for the support 
of schools, which may have been or shall hereafter be sold or disposed 
of, and the five hundred thousand acres of land granted to the new 
States, under an act of Congress, distributing the proceeds of the pub- 
lic lands among the several States of the Union, approved in the year 
of our Lord one thousand eight hundred and forty-one, and all estates 
of deceased persons who may have died without leaving a will or heir, 
and also such per cent, as has been or may hereafter be granted by 
Congress, on the sale of lands in this State, shall be and remain a per- 
petual fund, the interest of which, together with all rents of the unsold 
lands, and such other means as the General Assembly may provide, 
shall be inviolably appropriated to the support of common schools 
throughout the State. 

Sec. 4. The money which may have been or shall be paid by per- 
sons as an equivalent from exemption from military duty, and the clear 
proceeds of all fines collected in the several counties for any breach of 
the penal laws, shall be exclusively applied, in the several counties in 
which such money is paid, or fine collected, among the several school 
districts of said counties, in proportion to the number of youths sub- 
ject to enumeration in such districts, to the support of common schools, 
or the establishment of libraries, as the Board of Education shall from 
time to time provide. 

Sec. 5. The General Assembly shall take measures for the protec- 
tion, improvement, or other disposition of such lands as have been, or 
may hereafter be, reserved, or granted by the United States, or any 
person or persons, to this State, for the use of the University, and the 
funds accruing from the rents or sale of such lands, or from any other 
source for the purpose aforesaid, shall be and remain a permanent 
fund, the interest of which shall be applied to the support of said Uni - 
versity, for the promotion of literature, the arts and sciences, as may 
be authorized by the terms of such grant; and it shall be the duty of 
the General Assembly, as soon as may be, to provide effectual means 
for the improvement and permanent security of the funds of said Uni- 
versity. 

Sec. 6. The financial agents of the school funds shall be the same 
that by law receive and control the State and county revenue, for other 
civil purposes, under such regulations as may be provided by law. 

Sec. 7. The money subject to the support and maintenance of 
common schools shall be distributed to the districts in proportion to 
the number of youths between the ages of five and twenty-one years, 
in such manner as may be provided by the General Assembly. 



180 



CIVIL GOVERNMENT OF IOWA. 



ARTICLE X-AMENDMEVTS TO THE CONSTITUTION. 

Submission Section 1. Any amendment or amendments to this Constitution 

of amend- may be proposed in either House of the General Assembly; and if the 
ments. same shall be agreed to by a majority of the members elected to each 

of the two Houses, such proposed amendment shall be entered on their 
journal, with the yeas and nays taken thereon, and referred to the 
Legislature to be chosen at the next general election, and shall be pub- 
lished, as provided by law, for three months previous to the time of 
making said choice; and if, in the General Assembly so next chosen 
as aforesaid, such proposed amendment or amendments shall be agreed 
to, by a majority of all the members elected to each House, then it 
shall be the duty of the General Assembly to submit such proposed 
amendment or amendments to the people in such manner and at such 
time as the General Assembly shall provide; and if the people shall 
approve and ratify such amendment or amendments by a majority of 
the electors qualified to vote for members of the General Assembly, 
voting thereon, such amendment or amendments shall become a part 
of the Constitution of this State. 
More than Sec. 2. If two or more amendments shall be submitted at the 

one. same time, they shall be submitted in such manner that the electors 

shall vote for or against each of such amendments separately. 
Convention Sec. 3. At the general election to be held in the year one thousand 

to Revise eight hundred and seventy, and in each tenth year thereafter, and also 
Constitu- at such times as the General Assembly may by law provide, the ques- 
tion, tion, "Shall there be a Convention to revise the Constitution and 
amend the same ?" shall be decided by the electors qualified to vote 
for members of the General Assembly ; and in case a majority of the 
electors so qualified, voting at such election for and against such pro- 
position, shall decide in favor of a convention for such purpose, the 
General Assembly, at its next session, shall provide by law for the 
election of delegates to such Convention. 



Jurisdiction 
of Justice 
of the 
Peace. 

New 

Counties. 



Indebted- 
ness. 



Boundaries. 



ARTICLE XL— MISCELLANEOUS. 

Section 1. The jurisdiction of Justices of the Peace shall extend 
to all civil cases (except cases in chancery, and cases where the ques- 
tion of title to real estate may arise) where the amount in controversy 
does not exceed one hundred dollars, and by the consent of parties may 
be extended to any amount not exceeding three hundred dollars. 

Sec. 2. No new county shall be hereafter created containing less 
than four hundred and thirty-two square miles, nor shall the territory 
of any organized county be reduced below that area, except the county 
of Worth, and the counties west of it, along the northern boundary of 
this State may be organized without additional territory. 

Sec. 3. No county, or other political or municipal corporation, 
shall be allowed to become indebted, in any manner or for any pur- 
pose, to an amount, in the aggregate, exceeding five per centum of the 
value of the taxable property within such county or corporation— to 
be ascertained by the last State and county tax list, previous to the in- 
curring of such indebtedness. 

Sec. 4. The boundaries of the State may be enlarged, with the 
consent of Congress and the General Assembly. 






CONSTITUTION OF IOWA. 



181 



Oath of 
Office. 



How Vacan- 
cies are 
Filled. 



How Lands 
Granted 
maybe 
Located. 



Seat of Gov- 
ernment. 



Sec. 5. Every person elected or appointed to any office, shall, 
before entering upon the duties thereof, take an oath or affirmation to 
support the Constitution of the United States and of this State, and 
also an oath of office. 

Sec. 6. In all cases of elections to fill vacancies in office occurring 
before the expiration of a full term, the person so elected shall hold 
for the residue of the unexpired term ; and all persons appointed to 
fill vacancies in office shall hold until the next general election, and 
until their successors are elected and qualified. 

Sec. 7. The General Assembly shall not locate any of the public 
lands which have been or may be granted by Congress to this State. 
and the location of which may he given to the General Assembly, upon 
lands actually settled, without the consent of the occupant. The 
extent of the claim of such occupant so exempted shall not exceed 
three hundred and twenty acres. 

Sec. 8. The seat of government is hereby permanently estab- 
lished, as now fixed by law, at the city of Des Moines, in the county of 
Polk: and the State University at Iowa City, in the county of Johnson. 



ARTICLE XII.— SCHEDULE. 



Supreme 
Law of 
the State. 

Laws in 
Force. 

Legal Pro- 
cess not 
Affected. 



Fines, etc., 
inure to 
the State. 

Bonds in 
Force. 

First 
Election. 

Governor 
and 

Lieuten- 
ant Gov- 
ernor. 



Same: Sec- 
retary, 



Section 1. The Constitution shall be the supreme law of the 
State, and any law inconsistent therewith shall be void. The General 
Assembly shall pass all laws necessary to carry this Constitution into 
effect. 

Sec. 2. All laws now in force not inconsistent with this Constitu- 
tion, shall remain in force until they shall expire or be repealed. 

Sec. 3. All indictments prosecutions, suits, pleas, plaints, process, 
and other proceedings pending in any of the courts, shall be prosecuted 
to final judgment and execution ; and all appeals writs of error, cer- 
tiorari and injunctions, shall be carried on in the several courts, in the 
same manner as now provided by law, and all offenses, misdemeanors 
and crimes that may have been committed before the taking effect of 
this Constitution, shall be subject to indictment, trial and punishment. 
in the same manner as they would have been had not this Constitution 
been made, 

Sec. 4. All fines, penalties, or forfeitures due, or to become due, 
or accruing to the State, or to any county therein, or to the school fund, 
shall inure to the State, county, or school fund, in the manner pre- 
scribed by law. 

Sec. 5. All bonds executed to the State, or to any officer in his offi- 
cial capacity, shall remain in force and inure to the use of those con- 
cerned. 

Sec. 6. The election under this constitution shall be held on the 
second Tuesday in October, in the year one thousand eight hundred 
and fifty seven, at whicii time the electors of the State shall elect the 
Governor and Lieutenant Governor. There shall also be elected at 
such election the successors of such State Senators as were elected at 
the August election, in the year one thousand eight hundred and fifty- 
four, and members of the House of Representatives, who shall be 
elected in accordance with the act of apportionment,' enacted at the 
session of the General Assembly which commenced on the first Mon- 
day of December, one thousand eight hundred and fifty-six. 

Sec. 7. The first election for Secretary, Auditor and Treasurer of 
State, Attorney General, District Judges, Members of the Board of 



182 



CIVIL GOVERNMENT OF IOWA. 



Auditor, Education. District Attorneys, Members of Congress, and such State 
etc. officers as shall be elected at the April election, in the year one thou- 

sand eight hundred and fifty-seven (except the Superintendent of 
Public Instruction), and such county officers as were elected at the 
August election, in the year one thousand eight hundred and fifty-six, 
except Prosecuting Attorneys, shall be held on the second Tuesday in 
October, one thousand eight hundred and fifty-eight : Provided, that 
the time for which any District Judge or other State or county officer 
elected at the April election in the year one thousand eight hundred 
and fifty eight, shall not extend beyond the time fixed for filling like 
offices at the October election, in the year one thousand eight hundred 
and fifty-eight. 
Same: Judges Sec. 8. The first election for Judges of the Supreme Court, and 



of Su- 
preme 
Court. 



First session 
General 
Assembly. 

Senators. 



Offices not 
vacated by 
new Con- 
stitution. 



State to be 
Districted, 



Constitu- 
tion to be 
voted for 
August, 
1857. 



such county officers as shall be elected at the August election, in the 
year one thousand eight hundred and fifty-seven, shall be held on the 
second Tuesday of October, in the year one thousand eight hundred 
and fifty-nine. 

Seo. 9. The first regular session of the General Assembly shall be 
held in the year one thousand eight hundred and fifty-eight, com- 
mencing on the second Monday of January of said year. 

Sec. 10. Senators elected at the August election, in the year one 
thousand eight hundred and fifty-six, shall continue in office until the 
second Tuesday of October, in the year one thousand eight hundred 
and fifty- nine, at which time their successors shall be elected as may 
be prescribed by law. 

sec. 11. Every person elected by popular vote, by a vote of the 
General Assembly, or who may hold offices by executive appointment, 
which office is continued by this Constitution, and every person who 
shall be so elected or appointed to any such office, before the taking 
effect of this Constitution (except as in this Constitution otherwise pro- 
vided), shall continue in office until the term for which such person 
has been or may be elected or appointed shall expire: but no such per- 
son shall continue in office after the taking effect of this Constitution, 
for a longer period than the term of such office, in this Constitution 
prescribed. 

Sec. 12. The General Assembly, at the first session under this 
Constitution, shall district the State into eleven Judicial Districts, for 
District Court purposes; and shall also provide for the apportionment 
of the members of the General Assembly in accordance with the pro- 
visions of this Constitution. 

Sec. 13. This Constitution shall be submitted to the electors of 
the State at the August election, in the year one thousand eight hun- 
dred and fifty-seven, in the several election districts in this State. 
The ballots of such election shall be written or printed, as follows: 
Those in favor of the Constitution, " New Constitution— Yes." Those 
against the Constitution, " New Constitution— No." The election shall 
be conducted in the same manner as the general elections of the State, 
and the poll-books shall be returned and canvassed as provided in the 
twenty-fifth chapter of the Code, and abstracts shall be forwarded to 
the Secretary of State, which abstracts shall be canvassed in the man- 
ner provided for the canvass of State officers; and if it shall appear 
that a majority of all the votes cast at such election for and against 
this Constitution are in favor of the same, the Governor shall immedi- 
ately issue his proclamation stating that fact, and such Constitution 
shall be the Constitution of the State of Iowa, and shall take effect from 
and after the publication of said proclamation. 



CONSTITUTION OF IOWA. 



183 



Proposition Sec. 14. At the same election that this Constitution is submitted 

to strike to the people for its adoption or rejection, a proposition to amend the 

out the same by striking out the word "white" from the article on the 

word "Right of Suffrage," shall be separately submitted to the electors 

" white." of this State for adoption or rejection, in the manner following, viz.: 

A separate ballot may be given by every person having a right to vote 

at said election, to be deposited in a separate box. And those given 

for the adoption of such proposition shall have the words, •'Shall 

the word 'white' be stricken out of the article on the 'Right of 

Suffrage?' Yes." And those given against the proposition shall 

have the words, "Shall the word ' white ' be stricken out of the article 

on the 'Right of Suffrage?' No." And if at said election the number 

of ballots cast in favor of said proposition shall be equal to a majority 

of those cast for and against this Constitution, then said word " white " 

shall be stricken from said article and be no part thereof. 

MillsCounty. Sec. 15. Until otherwise directed bylaw, the county of Mills shall 

be in and a part of the Sixth Judicial District of this State. 

Done in Convention at Iowa City, this fifth day of March, in the year 

of our Lord one thousand eight hundred and fifty-seven, and of the 

Independence of the United States of America the eighty-first. 



TIMOTHY DAY, 
S. G. WINCHESTER, 
DAVID BUNKER, 
D. P. PALMER, 
GEO. W. ELLIS, 
J. C. HALL, 
JOHN H. PETERS. 
WM. H. WARREN, 
H. W. GRAY, 
ROBT. GOWER, 
H. D. GIBSON, 
THOMAS SEELEY, 
A. H. MARVIN, 
J. H. EMERSON, 
R. L. B. CLARKE. 
JAMES A. YOUNG, 
D. H. SOLOMON, 



SIGNERS: 

M. W. ROBINSON. 

LEWIS TODHUNTER, 

JOHN EDWARDS, 

J. C. TRAER, 

JAMES F. WILSON, 

AMOS HARRIS. 

JOHN T. CLARKE, 

S. AYRES, 

HARVEY J. SKIFF, 

J. A. PARVIN, 

W.PEN N.CLARK, 

JER. HOLLINGSWORTH, 

WM. PATTERSON, 

D. W. PRICE, 

ALPHEUS SCOTT, 

GEO. GILLASPY, 

EDWARD JOHNSON. 

FRANCIS SPRINGER, Pres. 



TH. J. SAUNDERS, Sec'y. 
E. N. BATES, Ass't. Sec'y. 



CONSTITUTION OF THE UNITED STATES. 



[Went into operation on the first Wednesday in March, 1789. J 

PREAMBLE. 

We, the people of the United States, in order to form a more perfect union, 

establish justice, insure domestic tranquillity, provide foT the common defense, 

promote the general welfare, and secure the blessings of liberty to ourselves and 

our posterity, do ordain and establish this Constitution for the United States of 

America. 

ARTICLE I. 

OF THE LEGISLATIVE POWER. 

Section 1. All legislative powers herein granted shall be vested in a Congress 
of the United States, which shall consist of a Senate and House of Representatives. 
op the house op representatives. 

Sec. 2. The House of Representatives shall be composed of members chosen 
every second year by the people of the several States, and the electors in each State 
shall have the qualifications requisite for electors of the most numerous branch of 
the State Legislature. 

No person shall be a Representative who shall not have attained to the age of 
twenty-five years, and been seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the several States 
which may be included within this Union, according to their respective numbers, 
which shall be determined by addingto the whole numberof free persons, including 
those bound to service for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty thousand, but each 
State shall have at least one Representative; and, until such enumeration shall be 
made, the State of New Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Plantations one, Connecticut five, New York 
six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia 
ten, North Carolina five, South Carolina five, and Georgia three. 

When vacancies happen in the representation from any State, the executive 
authority thereof shall issue writs of election to fill such vacancies. 

The House of Representatives shall choose their speaker and other officers; and 
shall have the sole power of impeachment. 

OP THE SENATE. 

Sec. 3. The Senate of the United States shall be composed of two Senators from 
each State, chosen by the Legislature thereof, for six years; and each Senator shall 
have one vote. 

Immediately after they shall be assembled in consequence of the first election, 
they shall be divided as equally as may be into three classes. The seats of the Sen- 
ators of the first class shall be vacated at the expiration of the second year, of the 
second class at the expiration of the fourth year, and of the third class at the expi- 
ration of the sixth year, so that one-third may be chosen every second year; and if 
vacancies happen by resignation, or otherwise, during the recess of the Legislature 
of any State, the executive thereof may make temporary appointments until the 
next meeting of the Legislature, which shall then fill such vacancies. 

184 



CONSTITUTION OF THE UNITED STATES. 185 

No person shall be a Senator who shall not have attained to the age of thirty 
years, and been nine years a citizen of the United States, and who shall not, when 
elected, be an inhabitant of tliat State for which he shall be chosen. 

The Vice-President of the United States shall be President of the Senate, but 
shall have no vote, unless they shall be equally divided. 

The Senate shallchoose their other officers, and shall have a President pro tempore, 
in the absence of the Vice-President, or when he shall exercise the office of Presi- 
dent of the United States. 

The Senate shall have the sole power to try all impeachments. When sitting for 
that purpose, they shall be on oath or affirmation. When the President of the United 
States is tried, the Chief Justice shall preside; and no person shall be convicted 
without the concurrence of two-thirds of the members present. 

Judgment'in cases of impeachment shall not extend further than to removal 
from office, and disqualification to hold and enjoy any office of honor, trust or profit, 
under the United States; but the party convicted shall nevertheless be liable and 
subject to indictment, trial, judgment and punishment according to law. 

MANNER OP ELECTING MEMBERS. 

Sec. 4. The times, places and manner of holding elections for Senators and 
Representatives, shall be prescribed in each State by the Legislature thereof; but 
the Congress may at any time, by law, make or alter such regulations, except as to 
the places of choosing Senators. 

CONGRESS TO ASSEMBLE ANNUALLY. 

The Congress shall assemble at least once in every year, and such meeting shall 
be on the first Monday in December, unless they shall by law appoint a different day. 

POWERS. 

Sec. 5. Each house shall be the judge of the elections, returns and qualifications 
of its own members, and a majority of each shall constitute a quorum to do busi- 
ness; but a smaller number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish its members for 
disorderly behavior, and, with the concurrence of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from timeto time publish 
the same, excepting such parts as may, in their judgment, require secrecy; and the 
yeas and nays of the members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without the consent of the 
other, adjourn for more than three days, nor to any other place than that in which 
the two houses shall be sitting. 

COMPENSATION, ETC., OP MEMBERS. 

Sec. 6. The Senators and Representatives shall receive a compensation for their 
services, to be ascertained by law, and paid out of the Treasury of the United States. 
They shall in all cases, except treason, felony and breach of the peace, be privileged 
from arrest during their attendance at the session of their respective houses, and in 
going to and returning from the same ; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

No Senator or Representative shall, during the time for which he was elected, be 
appointed to any civil office under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have been increased during 
such time; and no person holding any office under the United States, shall be a 
member of either house during his continuance in office. 

MANNER OP PASSING BILLS, ETC. 

Sec. 7. All bills for raising revenue shall originate in the House of Representa- 
tives; but the Senate may propose or concur with amendments as on other bills. 

Every bill which shall have passed the House of Representatives and the Senate, 
shall, before it becomes a law, be presented to the President of the United States; 
if he approve he shall sign it, but if not he shall return it, with his objections, to 



186 CIVIL GOVERNMENT OF IOWA. 

that house In which it shall have originated, who shall enter the objections at large 
on their journal, and proceed to reconsider it. If, after such reconsideration, two- 
thirds of that house shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that house, it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the President within ten days 
(Sunday excepted) after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 

Every order, resolution or vote, to which the concurrence of the Senate and 
House of Representatives may be necessary (except on a question of adjournment), 
shall be presented to the President of the United States; and before the same shall 
take effect, shall be approved by him, or being disapproved by him, shall be re- 
passed by two-thirds of the Senate and House of Representatives, according to the 
rules and limitations prescribed in the case of a bill. 

POWER OF CONGRESS. 

Sec. 8. The Congress shall have power to lay and collect taxes, duties, imposts 
and excises, to pay the debts and provide for the common defense and general wel- 
fare of the United States; but all duties, imposts and excises shall be uniform 
throughout the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the several States, and 
with the Indian tribes; 

To establish an uniform rule of naturalization, and uniform laws on the subject 
of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, and fix the stan- 
dard of weights and measures; 

To provide for the punishment of counterfeiting the securities and current coin 
of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by securing for limited times 
to authors and inventors the exclusive right to their respective writings and dis- 
coveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the high seas, and 
offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make rules concerning 
captures on land and water; 

To raise and support armies, but no appropriation of money to that use shall be 
for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land and naval forces; 

To provide for calling forth the militia to execute the laws of the Union, suppress 
insurrections and repel invasions; 

To provide for organizing, arming and disciplining the militia, and for governing 
such part of them as may be employed in the service of the United States, reserving 
to the States respectively the appointment of the officers, and the authority of train- 
ing the militia according to the discipline prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever, over such district (not 
exceeding ten miles square) as may, by cession of particular States, and the accept- 
ance of Congress, become the seat of the government of the United States, and to 
exercise like authority over all places purchased -by the consent of the Legislature of 
the State in which the same shall be, for the erection of forts, magazines, arsenals, 
dockyards and other needful buildings; and 

To make all laws which shall be necessary and proper for carrying into execu- 
tion the foregoing powers, and all other powers vested by this Constitution in the 
government of the United States, or in any department or officer thereof. 



CONSTITUTION OF THE UNITED STATES. 1ST 

LIMITATION OP THE POWERS OP CONGRESS. 

Sec. 9. The migration or importation of such persons as any of the States now 
existing shall think proper to admit, shall not be prohibited by the Congress prior 
to the year one thousand eight hundred and eight, but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, unless when in 
cases of rebellion or invasion the public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in proportion to the census 
or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or revenue to the 
ports of one State over those of another; nor shall vessels bound to, or from, one 
State, be obliged to enter, clear or pay duties in another. 

No money shall be drawn from the treasury, but in consequence of appropria- 
tions made by law ; and a regular statement and account of the receipts and expendi- 
tures of all public money shall be published from time to time. 

No title of nobility shall be granted by the United States; and no person holding 
any office of profit or trust under them shall, without the consent of the Congress, 
accept of any present, emolument, office or title, of any kind whatever, from any 
king, prince or foreign State. 

LIMITATION OP THE POWERS OP THE INDIVIDUAL STATES. 

Sec. 10. No State shall enter into any treaty, alliance or confederation; grant 
letters of marque and reprisal; coin money; emit bills of credit; make any thing 
but gold and silver coin a tender in payment of debts; pass any bill of attainder, 
ex post facto law, or law impairing the obligation of contracts or grant any title of 
nobility. 

No State shall, without the consent of the Congress, lay any imposts or duties on 
imports or exports, except what may be absolutely necessary tor executing its 
inspection laws; and the net produce of all duties and imposts, laid by any State on 
imports or exports, shall be for the use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of tonnage, keep 
troops, or ships of war, in time of peace, enter into any agreement or compact with 
another State, or with a foreign power, or engage in war, unless actually invaded, 
or in such imminent danger as will not admit of delay. 

ARTICLE II. 
EXECUTIVE POWER. 

Section 1. The executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four years, and 
together with the Vice-President, chosen for the same term, be elected as follows: 

MANNER OP ELECTING. 

Each State shall appoint, in such manner as the Legislature thereof may direct, 
a number of electors, equal to the whole number of Senators and Representatives to 
which the State may be entitled in the Congress ; but no Senator or Representative, 
or person holding an office of trust or profit under the United States, shall be 
appointed an'elector. 

(The electors shall meet in their respective States, and vote by ballot for two per- 
sons, of whom one at least shall not lean inhabitant of the same State as them- 
selves. And they shall make a list of all the persons voted for, and of the number 
of votes for each; which list they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the Senate and House of Repre- 
sentatives, open all the certificates, and the votes shall then be counted. The per- 
son having the greatest number of votes shall be the President, if such number be 
a majority of the whole number of electors appointed; and if there be more than 
one who have such majority, and have an equal number of votes, then the House of 



188 CIVIL GOVERNMENT OF IOWA. 

Representatives shall immediately choose by ballot one of them for President; and 
if no person have a majority, then from the five highest on the list the said House 
shall in like manner choose the President. But in choosing the President, the votes 
shall be taken by States, the representation from each State having one vote; a 
quorum for this purpose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to a choice. In every 
case, after the choice of the President, the person having the greatest number of 
votes of the electors shall be the Vice-President. But if there should remain two 
or more who have equal votes, the Senate shall choose from them by ballot the 
Vice-Presdent.*) 

TIME OF CHOOSING ELECTORS. 

The Congress may determine the time of choosing the electors, and the day on 
which they shall give their votes; which day shall be the same throughout the 
United States. 

WHO ELIGIBLE. 

No person except a natural born citizen, or a citizen of the United States at the 
time of the adoption of this Constitution, shall be eligible to the office of President; 
neither shall any person be eligible to that office who shall not have attained the 
age of thirty-five years, and been fourteen years a resident within the United States. 

WHEN THE PRESIDENT'S POWER DEVOLVES ON THE VICE-PRESIDENT. 

In case of the removal of the President from office, or of his death, resignation or 
inability to discharge the powers and duties of the said office, the same shall devolve 
on the Vice-President, and the Congress may by law provide for the case of 
removal, death, resignation or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer shall act accor- 
dingly until the disability be removed, or a President shall be elected. 

PRESIDENT'S COMPENSATION. 

The President shall, at stated times, receive for his services a compensation 
which shall neither be increased nor diminished during the period for which he 
shall have been elected, and he shall not receive within that period any other emol- 
ument from the United States, or any of them. 



Before he enter on the execution of his office, he shall take the following oath or 
affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the best of my ability, preserve, 
protect and defend the Constitution of the United States." 

POWERS AND DUTIES. 

Sec. 2. The President shall be Commander-in-Chief of the army and navy of 
the United States, and of the militia of the several States when called into the actual 
service of the United States; he may require the opinion, in writing, of the princi- 
pal officer in each of the executive departments, upon any subject relating to the 
duties of their respective offices, and he shall have power to grant reprieves and 
pardons for offences against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the Senate, to make 
treaties, provided two-thirds of the Senators present concur; and he shall nomi- 
nate, and by and with the advice and consent of the Senate, shall appoint ambassa- 
dors, other public ministers and consuls, Judges of the Supreme Court, and all other 
officers of the United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law; but the Congress may by law vest the 
appointment of such inferior officers, as they think proper, in the President alone, 
in the Courts of law, or in the heads of departments. 

The President shall have power to fill up all vacancies that may happen during 
the recess of the Senate, by granting commissions which shall expire at the end of 
their next session. 

* Altered by the 12th Amendment. See page 322. 



CONSTITUTION OF THE UNITED STATES. 189 

Sec. 3. He shall, from time to time, give to the Congress information of the 
state of the Union, and recommend to their consideration such measures as he shall 
■judge necessary and expedient; he may, on extraordinary occasions, convene both 
houses or either of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other public ministers ; he shall take care 
that the laws be faithfully executed, and shall commission all the officers of the 
United States. 

OFFICERS REMOVED. 

Sec. 4. The President, Vice-President, and all civil officers of the United States, 
shall be removed from office, on impeachment for, and conviction of, treason, 
bribery, or other high crimes and misdemeanors. 

ARTICLE III. 
OF THE JUDICIARY. 

Section 1. The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior Courts as the Congress may from time to time 
ordain and establish. The Judges, both of the Supreme and inferior Courts, shall 
hold their offices during good behavior, and shall, at stated limes, receive for their 
services a compensation which shall not be diminished during their continuance in 
office. 

Sec. 2. (The judicial power shall extend to all cases, in law and equity, arising 
under this Constitution, the laws of the United States, and treaties made, or which 
shall be made, under their authority; to all cases affecting ambassadors, other 
public ministers and consuls; to all cases of admii'alty and maritime jurisdiction; 
to controversies to which the United States shall be a party; to controversies 
between two or more States; between a State and citizens of another State; between 
citizens of different States; between citizens of the same State claiming lands under 
grants of different States, and between a State, or the citizens thereof, and foreign 
States, citizens or subjects.*) 

JURISDICTION OF SUPREME COURT. 

In all cases affecting ambassadors, other public ministers and consuls, and those 
in which a State shall be a party, the Supreme Court shall have original jurisdic- 
tion. In all the other cases before mentioned, the Supreme Court shall have appel- 
late jurisdiction, both as to law and fact, with such exceptions, and under such 
regulations as the Congress shall make. 

OF TRIALS FOR CRIMES. 

The trial of all crimes, except in cases of impeachment, shall be by jury; and 
such trial shall be held in the State where the said crimes shall have been commit- 
ted; but when not committed within any State, the trial shall be at such place or 
places as the Congress may by law have directed. 

OF TREASON. 

Sec. 3. Treason against the United States shall consist only in levying war 
against them, or in adheringto their enemies, giving them aid and comfort. 

No person shall be convicted of treason unless on the testimony of two witnesses 
to the same overt act, or on confession in open Court. 

The Congress shall have power to declare the punishment of treason, but no 
attainder of treason shall work corruption of blood, or forfeiture, except during 
the life of the person attainted. 

ARTICLE IV. 

STATE ACTS. 

Section 1. Full faith and credit shall be given in each State to the public acts, 
records and judicial proceedings of every other State. And the Congress may, by 
general laws, prescribe the manner in which such acts, records and proceedings 
shall be proved, and the effect thereof. 

* Altered by the 11th Amendment. See page 322. 



190 CIVIL GOVERNMENT OF IOWA. 

PRIVILEGES OF CITIZENS. 

Sec. 2. The citizens of each State shall be entitled to all privileges and immuni, 
ties of citizens in the several States. 

A person charged in any State with treason, felony or other crime, who shall flee 
from justice, and be found in another State, shall, on demand of the executive 
authority of the State from which he fled, be delivered up, to be removed to the 
State having jurisdiction of the crime. 

RUNAWAYS TO BE DELIVERED UP. 

No person held to service or labor in one State, under the laws thereof, escaping 
into another, shall, in consequence of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due. 

NEW STATES. 

Sec. 3. New States may be admitted by the Congress into this Union; but no 
new State shall be formed or erected within the jurisdiction of any other State; nor 
any State be formed by the junction of two or more States, or parts of States, with- 
out the consent of the Legislatures of the States concerned as well as of the Congress. 

TERRITORIAL AND OTHER PROPERTY. 

The Congress shall have power to dispose of, and make all needful rules and 
regulations respecting, the territory, or other property belonging to the United 
States; and nothing in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular State. 

Sec. 4. The United States shall guarantee to every State in this Union a republi- 
can form of government, and shall protect each of them against invasion; and, on 
application of the Legislature, or of the Executive (when the Legislature can not be 
convened), against domestic violence. 

ARTICLE V. 
AMENDMENTS. 

The Congress, whenever two-thirds of both houses shall deem it necessary, shall 
propose amendments to this Constitution; or, on the application of the Legislatures 
of two-thirds of the several States, shall call a Convention for proposing amend- 
ments, which, in either case, shall be valid to all intents and purposes, as part of this 
Constitution, when ratified by the Legislatures of three-fourths of the several 
States, or by Conventions in three-fourths thereof, as the one or the other mode of 
ratification may be proposed by Congress ; provided, that no amendment which may 
be made prior to the year one thousand eight hundred and eight, shall in any man- 
ner affect the first and fourth clauses in the ninth Section of the first Article; and 
that no State, without its consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 
DEBTS. 

All debts contracted, and engagements entered into, before the adoption of this 
Constitution, shall be as valid against the United States under this Constitution as 
under the Confederation. 

SUPREME LAW OF THE LAND. 

This Constitution, and the laws of the United States which shall be made in pur- 
suance thereof, and all treaties made, or which shall be made, under the authority 
of the United States shall be the supreme law of the land ; and the Judges in every 
State shall be bound thereby, any thing in the Constitution or laws of any State to 
the contrary notwithstanding. 

OATH.— NO RELIGIOUS TEST. 

The Senators and Representatives before mentioned, and the members of the 
several State Legislatures, and all executive and judicial officers, both of the United 
States and of the several States, shall be bound by oath or affirmation to support 
this Constitution; but no religious test shall ever be required as a qualification to 
any office, or public trust, under the United States. 



CONSTITUTION OF THE UNITED STATES. 191 

ARTICLE VII. 

The ratifications of the Conventions of nine States shall be sufficient for the estab- 
lishment of this Constitution between the States so ratifying the same. 

Done in Convention, by the unanimous consent of the States present, the seven- 
teenth day of September, in the year of our Lord one thousand seven hundred and 
eighty-seven, and of the Independence of the United States of America the twelfth. 
In witness whereof we have hereunto subscribed our names. 

GEORGE WASHINGTON, 
President, and Deputy from Virginia. 

New Hampshire— John Langdon, Nicholas Gilman. Massachusetts— Nathaniel 
Gorham, Rufus King. Connecticut— William Samuel Johnson, Roger Sherman. 
New York— Alexander Hamilton. Neiv Jersey— William Livingston, David Brear- 
ley, William Patterson, Jonathan Dayton. Pennsylvania — Benjamin Franklin, 
Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimmons, Jared Inger- 
soll , James Wilson, Gouverneur Morris. Delaware— George Read, Gunning Bedford, 
Jr., John Dickinson, Richard Bassett, Jacob Broom. Maryland— James M'Henry, 
Daniel of St. Tho. Jenifer, Daniel Carroll. Virginia— John Blair, James Madison, 
Jr. North Carolina— William Blount, Richard Dobbs Spaight, Hugh Williamson. 
South Carolina — John Rutledge, Chas. Cotesworth Pinckney, Charles Pinckney, 
Pierce Butler. Georgia— William Few, Abraham Baldwin. 

Attest, William Jackson, Secretary. 



AMENDMENTS TO THE CONSTITUTION. . 

[The first ten amendments were proposed by Congress at their first session, in 
1789. The eleventh was proposed in 1794, and the twelfth in 1803.] 

ARTICLE I. 
FREE EXERCISE OP RELIGION. 

Congress shall make no law respecting an establishment of religion, or prohibit- 
ing the free exercise thereof; or abridging the freedom of speech, or of the press; 
or the right of the people peaceably to assemble, and to petition the government for 
a redress of grievances. 

ARTICLE II. 
RIGHT TO BEAR ARMS. 

A well-regulated militia being necessary to the security of a free State, the right 
of the people to keep and bear arms shall not be infringed. 

ARTICLE III. 
NO SOLDIER TO BE BILLETED, ETC. 

No soldier shall, in time of peace, be quartered in any house without the consent 
of the owner; nor in time of war, but in a manner to be prescribed by law. 

ARTICLE IV. 
UNREASONABLE SEARCHES PROHIBITED. 

The right of the people to be secure in their persons, houses, papers and effects, 
against unreasonable searches and seizures, shall not be violated; and no warrants 
shall issue but upon probable cause, supported by oath or affirmation, and particu- 
larly describing the place to be searched, and the persons or things to be seized. 

ARTICLE V. 

CRIMINAL PROCEEDINGS. 

No person shall be held to answer for a capital or otherwise infamous crime, 
unless on a presentment or indictment of a Grand Jury, except in cases arising in 
the land or naval forces, or in the militia, when in actual service, in time of war or 
public danger; nor shall any person be subject for the same offense to be put twice 



192 CIVIL GOVERNMENT OF IOWA. 

in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a 
witness against himself; nor be deprived of life, liberty or property, without due 
process of law ; nor shall private property be taken for public use without just com- 
pensation. 

ARTICLE VI. 

MODE OF TRIAL. 

In all criminal prosecutions the accused shall enjoy the right to a speedy and 
public trial, by an impartial jury of the State and district wherein the crime shall 
have been committed, which district shall have been previously ascertained by 
law, and to be informed of the nature and cause of the accusation; to be con- 
fronted with the witnesses against him; to have compulsory process for obtaining 
witnesses in his favor; and to have the assistance of counsel for his defense. 

ARTICLE VII. 
RIGHT OF TRIAL BY JURY. 

In suits at common law, where the value in controversy shall exceed twenty 
dollars, the right of trial by jury shall be preserved; and no fact tried by jury shall 
be otherwise re-examined in any Court of the United States than according to the 
rules of the common law. 

ARTICLE VIII. 

BAIL.— FINES. 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. 

ARTICLE IX. 

RIGHTS NOT ENLMEUATED. 

The enumeration in the Constitution of certain rights, shall not be construed to 
deny or disparage others retained by the people. 

ARTICLE X. 
POWERS RESERVED. 

The powers not delegated to the United States by the Constitution, nor prohibited 
by it to the States, are reserved to the States respectively or to the people. 

ARTICLE XI. 
LIMITATION OF JUDICIAL POWER. 

The judicial power of the United States shall not be construed to extend to any 
suit in law or equity commenced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any foreign State. 

ARTICLE XII. 
ELECTION OF PRESIDENT. 

The electors shall meet in their respective States, and vote by ballot for President 
and Vice-President, one of whom, at least, shall not be an inhabitant of the same 
State with themselves; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice-President; and they 
shall make distinct lists of all persons voted for as President and of all persons 
voted for as Vice-President, and of the number of votes for each, which list 
they shall sign and certify, and transmit sealed to the Seat of the Government of 
the United States, directed to the President of the Senate; the President of the 
Senate shall, in the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted; the person having the greatest 
number of votes for President shall be the President, if such number be a majority 
of the whole number of electors appointed; and if no person have such a majority, 
then from the persons having the highest numbers, not exceeding three, on the list 
of those voted for as President, the House of Representatives shall choose imme- 
diately by ballot the President. But in choosing the President, the vote shall be 
taken by States, the representatives from each State having one vote; a quorum 
for this purpose shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a choice. And if the 



CONSTITUTION OF THE UNITED STATES. 193 

House of Representatives shall not choose a President, whenever the right of choice 
shall devolve upon them, before the fourth day of March next following, then Hie 
Vice-President shall act as President, as in the case of the death or other Con- 
stitutional disability of the President. 

The person having the greatest number of votes as Vice-President shall be the 
Vice-President, if such number be a majority of the whole number of electors 
appointed; and if no person have a majority, then from the two highest numbers 
on the list, the Senate shall choose the Vice-President; a quorum for the purpose 
shall consist of two-thirds of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. 

But no person Constitutionally ineligible to the office of President shall be 
eligible to that of Vice-President of the United States. 
[Ratified in I860.] 
ARTICLE XI [I. 

Sec. 1. Neither Slavery nor involuntary servitude, except as a punishment for 
crime, whereof the party shall have been duly convicted, shall exist withm the 
United States, or any place subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article by appropriate legis- 
lation. 

[Ratified in 1868.] 
ARTICLE XIV. 

Sec. 1. All persons born or naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States, and of the State wnereinthey 
reside. No State shall make or enforce any law which shall aoridge the privileges 
and immunities of citizens of the United States. Nor shall any State deprive any 
person of life, liberty cr property, without due process of law, nor deny to any 
person within its jurisdiction the equal protection of the iaws. 

Sec. 2. Representatives shall be apportioned among the several States according 
to their respective numbers, counting the whole number of persons in each State, 
excluding Indians not taxed; but whenever the right to vote at any election for 
electors of President and Vice-President, or United States Representatives in 
Congress, executive and judicial officers, or the members of the Legislature there- 
of, is denied to any of the male inhabitants of such State, being twenty-one years 
of age, and citizens of the United States, or in any way abridged, except foi par- 
ticipation in rebellion or other crimes, the basis of representation therein shall be 
reduced in the proportion which the number of such male citizens shall oear to the 
whole number of male citizens twenty-one years of age in that State. 

Sec. 3. No person shall be a Senator or Representative in Congress, elector of 
President and Vice-President, or hold any office, civil or military, under the United 
States, or under any State, who, having previously taken an oath as a member of 
Congress, or as an officer of the United States, or as a member of any State Legisla- 
ture, or as an executive or judicial officer of any State, to support the Constitution 
of the United States, shall have engaged in insurrection or rebellion against the 
same, or given aid or comfort to the enemies thereof; but Congress may by a vote 
of two-thirds of each House, remove such disability. 

Sec. 4. The validity of the public debt of the United States authorized by law, 
including debts incurred for the payment ot pensions and bounties tor service in 
suppressing insurrection or rebellion, shall not be questioned; but neither the 
United States nor any State shall assume to pay any debt or obligation incurred in 
aid of insurrection or rebellion against the United States, or any claim tor the loss 
or emancipation of any slave, but all such debts, obligations, and claims shall be 
illegal and void. 

Sec. 5. The Congress shall have power to enforce, by appropriate legislation, 
the provisions of this article. 

[Ratified in 1870.] 
ARTICLE XV. 

Sec. 1. The right of citizens of the United States to vote shall not be denied or 
abridged by the United States, or by any State, on account ot race, color or previous 
condition of servitude. 

Sec. 2. The Congress shall have power to enforce this Article by appropriate 
legislation. 



INDEX. 



UNLESS OTHERWISE STATED THE FIGURES REFER TO PARAGRAPHS. 



Adjournment of Court 130 

Adjutant General Ill 

Admission of Iowa 20 

Agricultural College and Farm, establishment 265 

Attendance and tuition 266 

Object, schools or courses 267 

Allison, Hon. Wm.B 299, 300 

Appropriations 72 

Articles of Confederation.. 2, 3, 5 

Articles of Incorporation 231 

Assessor, Township, duties 208 

Compensation . 209 

City, duties, number, etc 241 

Attainder, Bill of 36 

Attorney General, constitution provides. 119 

Duties.. 123 

Election and bond 124 

Auditor, of State, duties ... 97 

Couuty, duties _ 170 

Asylum for Feeble-Minded Children, establishment 283 

Object and management 284 

Bail 35 

Base Lines 251 

Basil Giard 14-1 

Bill of Rights 25 

Bills 66 

Become law, processes 67-1-2-3 

Board of Arbitration 128 

Board of Canvassers, State 117 

County 164 

City or Town 235 

Board of Equalization, State 118 

194 



INDEX. 195 

Board of Equalization, County 163 

Township 204 

City or Town 236 

Board of Health, State __ 104 

Township 202 

City or Town.... _ 236 

Board of Supervisors, Power to legislate 157 

Number, organization, sessions, etc - 158 

Powers of 159 

Submit questions, etc. 160 

Special duties _ _ - 161 

Keep books 162 

Board of Equalization 163 

Board of Canvassers 164 

Bonds, of State officers - 115 

County officers 193 

Township and school officers 227 

Treasurers of State institutions, and conditions. 294 

Capital of State, location of 21 

Census, Taking of 57 

Certificate of Election of U. S. Senator 74-1 

City or Town Council, number 234 

Powers 235 

General control of city or town 236 

Termof office... 237 

Compensation . . 238 

Cities and Towns, need of stronger government - 230 

Special and extensive powers granted to 231 

Classification of 232 

Classification of powers J. 233 

Citizenship Restored _. 292 

Challenges to Jury. 145 

Change of Trial 130 

Chief Magistrate _ _ 78 

Civil Engineer _ 245 

Clerk of Supreme Court, duties _ 125 

Election _ 126 

Clerk of District and Circuit Court, Powers and duties 137 

Clerk or Recorder, duties 244 



196 INDEX. 

College for the Blind, Establishment and control 274 

Object '. 275 

Commandant 81 

Commander-in-Chief 81 

Commissioners, in other states _ 96 

of Pharmacy 103 

of Insanitjr, number, etc ^ _ .. 189 

Powers 190 

Compensation, members of General Assembly 59 

Officials' reference table _ _ 150 

Constable, duties _ ■_ . _ 210 

Compensation _ _ 211 

Constitution, framed and ratified __ 5 

Defined _ 6 

Constitutional Conventions _20, 22 

Contested Election, of members of General Assembly 65 

Governor or Lieutenant Governor .. 79 

Coroner, duties _ 186 

Makes returns to District Court 187 

Compensation _ _ 188 

Correction Lines 254 

County, organization 152 

A division of the State 153 

Seat... 154 

Distribution of powers 155 

Officers, election, bond, etc. ..156, 192, 193 

Treasurer, duties _ 165 

Makes sworn statement 166 

Remits money 167 

Settles with Board of Supervisors 168 

Compensation 169 

Auditor, duties 170 

Calls special meetings of Board of Supervisors 171 

Compensation __ 172 

Superintendent, duties 173 

Discretionary powers _ 174 

Compensation 175 

Clerk, duties 176 



INDEX. 197 

County Clerk, has charge of wills _ 177 

Compensation | _ 178 

Recorder, duties _._ 181 

Compensation 182 

Attorney -136, 183 

Compensation 150 

Surveyor, duties __ 184 

Election and Bond 192, 193 

Compensation 185 

Courts 198 

Court, Supreme, where held, number of Judges, adjournment. 120 

Judges, election _ 121 

Powers and duties, jurisdiction 122 

District, establishment, j urisdiction, etc 128 

Time and terms 129 

Adjournment _ _ 130 

Mayor's, general duties and powers 247 

Police, jurisdiction and compensation _. 248 

Superior, establishment and jurisdiction 249 

Courts _.. 119 

Departments of Government 43 

Legislative, Executive, Judicial 44 

Deputies . 194 

Description of Townships _ __ 253 

Diminution of sentence 292 

Discoveries _ 12 

Disqualification 61 

District Judge 128 

Divisions of sections ._ 256 

Duelling 29 

Drawing salaries. 60 

Education, encouragement to 23, 24 

Election, of State officers _ ..47, 114 

Governor contested __ 79 

County officers 192 

United States Senators 74 

Electors of President, number, how convened 302 

Fill vacancies.. ._ 303 

Casting their votes 304 



198 INDEX. 

Electors of President, Make out lists. 305 

Take precaution, against fraud •_ 306 

Eligibility of Representatives, Senators, Governor. 46 

Executive Council, who compose it, duties. . 116 

Officers _ 77 

Expenditures _ 71 

Ex-post facto Laws . _ 36 

Federal Power 7 

First Continental Congress _ 2 

Fish Commissioner 101 

General Assembly 48 

Sessions, special sessions _ 49 

Oath of members _ - 58 

Compensation of members 59 

Members draw salary _ 60 

Disqualification. __ 61 

Restricted 62 

Privileges - . - 63 

Powers and duties of each House 64 

Contested elections 65 

Vacancies — . 69 

Officers 75 

Government of the District of Louisiana. _ 16 

Governor, Eligibility _. 46 

Failure to elect 73 

Election 47, 80, 114 

Term of office 80 

Commander in-Chief 81 

Convenes General Assembly. __ 83 

Biennial message 83-1 

Adjourns General Assembly 83-2 

Resignation 83-3 

Grants pardons, reprieves, etc. 84 

Grants patents and commissions 85 

Condemns real estate 86 

Issues proclamation for election 87 

Calls special election 88 

Fills vacancies in United States Senate 89 

Visits Penitentiaries 90 

Performs various duties 91 



INDEX. 199 

Governor, Investigates State officials. _ 108 

Appoints Notaries Public 109 

Fills other vacancies 110 

Appoints Adjutant General 111 

Appoints Railroad Commissioners _ 112 

Governors of Iowa 295 

Grand Jury, number, drawing, etc 144 

Powers, etc. . . . 147 

Makes special inquiry _. 148 

Grants of land for educational purposes _ _ _ _ 23 

Habeas Corpus _ 36 

Historical Society _ 1 06 

Honori 14-2 

Hospital for the Insane, at Mt. Pleasant _ 279 

at Independence . . 280 

at Clarinda 281 

Government and object - _ 282 

House, organization of 51 

Impeachment, power of 70 

Incorporated Town 232 

Industrial School, establishment _ 285 

Management and control 286 

Object _ 287 

Institution for the Deaf and Dumb, establishment and object ._ 272 

Board of Trustees 273 

For Feeble-Minded Children, establishment 283 

Object and management _ 284 

Iowa, a State 21 

Judge, Police _._ 245 

Jurisdiction, compensation 248 

Judges, Supreme Court, number, Chief Justice, etc. 120 

Names of 297 

Election "... _ 121 

District Court, jurisdiction of, not eligible to other office 128 

District Court, election of 129 

May adjourn court, etc. 130 

Restrictions upon 131 

Oath 132 

Powers and duties 133 

May be witnesses 134 



200 INDEX. 

Judges, punishment. _. 135 

Jurisdiction of Supreme Court 122 

District Court 128 

Jurors, qualifications and exemption 140 

Excused by the Judge 141 

Failure to attend court . 142 

Lists returned _ 143 

Drawing, number, term . 144 

Selecting to fill up jury box 145 

Duties ■_ 146 

Powers, privileges and duties of Grand Jurors 147, 148, 149 

In Justice's court '. 229 

Justice of the Peace 198 

Jurisdiction, number, etc. 228 

Duties and powers _ „ 229 

Laws, take effect when 56 

Legislative authority 48 

Legislators, ratio and division 02 

Legislators, restrictions 62 

Privileges _ 63 

Powers and duties 64 

Liberty of Speech 30 

Lieutenant Governor, act as Governor when. 92 

President of the Senate 75, 93 

Librarian _. 105 

Local Self Government 1, 11 

Louisiana Purchase 13 

Marshal, how chosen, duties 242 

Mayor, term of office 237 

Compensation 238 

Duties 239 

Vacancy - - 240 

Mayor's Court, general duties and powers 247 

Military _ _ 37 

Militia, what it consists of. 82 

Mine Inspectors - 102 

Muir, Doctor - 14-4 

Napoleon 12 

Need of Stronger Government 2 

Newspapers, selection 191 



- INDEX. 201 

Normal School, establishment 268 

Board of Trustees. 269 

Special object 270 

Courses of Study 271 

Notary Public . 96, 109 

Office, tenure of '. 47 

Oath of 58 

At the seat of government 114 

Officers, Appointed by City Council 246 

Furnished with uffices, etc 114 

Filled by Ladies .. - 197 

Organizations for the Administration of Justice 42 

Patents 85 

Pardons 84 

Penitentiary, at Ft. Madison 288 

At Anamosa ..-; _ 289 

Wardens of 290 

Other officers 291 

Good behavior of prisoners 292 

Personal Security ._* 32 

Police Judge, election 245 

Court, jurisdiction, compensation 248 

Power of, the United States 7 

State _ 8 

the people 10 

Power, source of political 27 

Powers, separation of 45 

granted cities and towns 231 

Powers and duties of each House _ 64 

Presiding Officers _ 75 

Privileges _ . . 63 

Principal Meridians 251 

Proclamation for Election. __ 87 

Quorum of each House. 68 

Board of Supervisors _ 158 

Railroad Commissioners, appointment, number 112 

Duties _ 113 

Ranges and Townships , 252 

Ratio and Division of Legislators 52 

Receipts and Expendures 71 



202 INDEX. 

Religion, religious test 28 

Reporter, Supreme Court, election, etc 127 

Short Hand, apportionment and duties _ 138 

Representatives, eligibility 46 

Number, apportionment _ 54 

Oath of office 58 

Compensation 59 

Power of impeachment 70 

In the United States Congress . _ 296 

Restrictions, upon members of the General Assembly 62 

Result of such union _ 4 

Right of suffrage . 40 

Rights of persons 26 

Road Supervisor, require work '.. 212 

Keep roads in repair 213 

Compensation _• 214 

Salaries, drawing 60 

of officers 150 

School Board, classes... 215 

Officers .. 216 

Duties of President 217 

Secretary 218 

Compensation 219 

Treasurer, duties 220 

Compensation 221 

Powers... - -- 222 

Duties .-- 223 

School Fund, perpetual. 24 

Second Continental Congress 2 

Secretary of State, charge of documents - - 94 

Prints and distributes documents 95 

General duties 96 

Sections, numbering 255 

Divisions 256 

Senate, organization of _ - 50 

Separation of powers 45 

Servitude. 39 

Settlements 14 

Sheriff, duties 120,139, 179 

Compensation - 180 



INDEX. 



203 



Short-Hand Reporter, appointment and duties 13S 

Soldiers' Home 293 

Soldiers' Orphans' Home, establishment 276 

Divisions 277 

Object and management 278 

Solicitor 245 

Speaker of the House 75 

Special election 88 

Sessions of General Assembly 49 

Board of Supervisors 158 

Standing Committees... 76 

States, sovereign and independent 9 

Street Commissioner 245 

Sub-Director, duties 224 

Superintendent, of Markets - 245 

Public Instruction, duties 99 

Supervision of County Superintendents 100 

County, duties, etc - 173, 174 

Compensation 175 

Weights and Measures ._ 107 

Superior Court, establishment, jurisdiction 249 

Supreme Court, election, powers, duties, etc 120, 121 , 122 

Surveys 250 

Teacher, duties 225 

Territory of Iowa 17 

Territorial Legislature 18 

Governors 19 

Township and school officers 226 

Township, departments of government 199 

Divisions of county 200 

Distribution 201 

Trustees, powers 202 

Consolidate road districts ..„ 203 

Duties 204 

Compensation 205 

Clerk, duties 206 

Compensation 207 

Assessor, duties 208 

Compensation 209 

Officers, election, term of office. - 226 



204 INDEX. 

Township, Officers, Bonds 227 

Description of 253 

Traders 14-3 

Treason, defined 38 

Treasurer of State, duties _ 98 

County... 165, 166, 167, 168, 169 

City or town 243 

Treaties - 15 

Trial by Jury 33 

Speedy 34 

Uniform laws _. 31 

United Colonies of New England 1 

United States Senators, election 74 

University, grant of lands to 259 

Establishment 260 

Reorganized 261 

Board of Regents. 262 

Object 263 

Departments 264 

Vacancies. 69 

Vacancies, U. S. Senate 89 

Wardens of Penitentiaries 290 

Weakness of the Confederation 3 

Weights and Measures, Superintendent 107 

Wilson, Hon. Jas. F 299, 301 



PART II.- -FROM PAGE 204 



CIVIL 



GOVERNMENT 



OF THE 



UNITED STATES. 



A TEXT BOOK FOR SCHOOLS 

BY 

RUSSELL C. OSTRANDER, 

OP THE LANSING, MICHIGAN, BAK. 






Copyright, 1884. 
By Geo. Sherwood & Co. 



INTRODUCTION TO PART II. 



That an outline, at least, of the principles and the 
machinery of civil government in the United States 
should be taught in the common schools, seems to be 
generally admitted. Teachers differ in opinion as to the 
best manner of teaching. For any plan of instruction 
some kind of text-book is a necessity. In the work 
herewith submitted has been attempted a statement of 
the general principles and the theory of our form of 
government, with a somewhat full description of the 
machinery of governing. 

An examination of the work will show that, in 
describing the duties of public officers, and even in 
naming officers, much has been omitted. 

The work cannot, of course, give the statute law 
of the United States. But it is believed that sufficient 
has been given, in a general way, under each subject 
treated, to fully illustrate the plan and form of the 
Federal Government. 

A considerable number of references are made to 
books obtainable in nearly every law office, and in all 
public libraries. A reading of these will not be unin- 
teresting or unprofitable to teacher or pupil. 

The difficulty experienced has been to put matter 
into such shape that, preserving accuracy, it will be 
easifv intelligible to the average common school student. 
If a dictionary has to be consulted occasionally no harm 
will come of it. The teacher will have much to do 
with the success of the study. If for illustrations of 
the text, history and daily occurrences in governing are. 
freely used, the result can be only benefit. 

Lansing, Mich., July 1, 1884. 



TABLE OF CONTENTS. 



Introduction. 

CHAPTER I.— Definitions. 

STATE CONSTITUTION. 

What it is. How formed, accumulated and enacted. Written 
and Unwritten. Force and effect of. Law opposed to, unconstitu- 
tional. Difference between accumulated and enacted. 

SOVEREIGNTY. 

Supreme power. Where vested. Extends to and embraces 
what subjects, What sovereign or supreme authority is. Powers 
exercised by the sovereign authority. 

LAW. 

A rule of action. Different meanings of word. Rule of civil 
conduct. Civil conduct is not individual conduct alone. Definition 
of law in the concrete. Law of the Land. Expression found in 
American Constitutions. Meaning of . What it may mean in the 
United States. ' Broad meaning of law is the aggregate of rules and 
principles as distinguished from a particular rule. Includes principles 
as well as positive rules. No classification of different kinds of laws 
attempted. Law of Nations. Penal Law. Sanctions. Prospective 
law. Retrospective law. Called retroactive. Effect of such a law. 

STATUTE. 

Legislative enactment. Ordinances. Resolutions. Invalid as 
opposed to constitution. What power declares. Constitutional 
methods of enacting. One object to be stated in title. Reason for the 
provision. Three readings of bill. Passed by majority vote. Vote 
entered on journal. Open doors to legislature. No new bills after 
a certain time. Special sessions, laws limited to objects stated in 
call. How statute laws published. When they take effect. Act of 



IV CIVIL GOVERNMENT. 

Congress, on approval by president. Rule at common law. Injus- 
tice of the rule. Changed by statute. Rules for. construing statutes. 

CHAPrER II. 

GOVERNMENT GENERALLY. 

To govern is to rule. Government supposes authority, and 
persons and subjects for authority to act upon. 

Begins at home — in the family ; continued in the school. Com- 
mands have come from parents and teachers. Duties to act and 
abstain from acting, imposed by authority. Home authority exer- 
cised to procure respect and recognition of rights of all — the 
individual, and the family as a community. State authority exer- 
cised to give and insure recognition of individual rights and rights 
of the State as a whole. The family is a little State. Men are born 
into both. 

GOVERNMENT A NECESSITY. 

Men must live in communities. It is natural. No conception 
of communities of men not governed. Men can not live together 
without, as against each other, acquiring rights. A right in one 
makes a duty in another. Rules governing conduct spring up nat- 
urally. Society and government are both grown institutions. 

CIVIL GOVERNMENT. 

Is the government which has sprung up in and grown with those 
communities which men naturally form — the community in which 
the family is a unit. What the fundamental idea of all civil govern- 
ment is. What civil government imports. Government is the 
authority of the society. The State is the society. 

DIFFERENT FORMS OF GOVERNMENT. 

No classification of forms of government attempted. Tendency 
of the times is aud has been towards what is called free government. 
Object is liberty — civil and political. Government having grown 
with society, present desirable forms suggest former undesirable 
forms of government. 

WITH WHAT GOVERNMENT MUST CONCERN ITSELF. 
Protection of the governed. Does not mean alone protection 



TABLE OF CONTENTS. V 

from outside invasion; or from physical violence. It means protec- 
tion of individual rights in the community. 

A right not recognized by government is not a right. In the 
view of morals an asserted right may be one which ought to be 
enforced. It is not available unless it can be enforced. Govern- 
ment, therefore, ought to concern itself with rights, their definitions 
and enjoyment. 

POWERS OF GOVERNMENT. 

Are all powers necessary to carry out the objects and purposes 
of government. Simply divided they may be named law-making, 
law-applying, law-enforcing; or legislative, judicial, executive. 

DISTRIBUTION OF POWERS. 

There could be no certainty of good government if all three of 
these powers were in the hands of one man, or one set of men 
Illustrations. 

Continued free government requires a distribution and limitation 
of these powers; provision for the exercise of each independently of 
the others 

POLITICAL LIBERTY. 

Exists in free governments. Is the result of the assertion of the 
individual in communities. 

Society necessarily takes on or developes a form of government 
suited to its spirit and thought. Political liberty consists in an 
effective participation by the individual in the making of the 
laws. 

When this right exists, civil liberty — free government — ought to 
exist. The United States has a free government; the citizen partici- 
pates in it; the powers of government are separated, distributed, 
independent; there are written constitutions, state and federal; these 
constitutions set bounds to authority, define the principal rights of 
the citizen, and can not themselves be changed except in prescribed 
ways. The people are sovereign; they have delegated sovereign 
power to departments and officers; the power to name those who 
exercise powers is at stated intervals returned to the people; the will 
of the majority is the supreme law; powers not delegated remain in 
the people. The sovereign power is all power. The State is the 
citizen. 



VI CIVIL GOVERNMENT. 



CHAPTER III. 

GOVERNMENT OF THE UNITED STATES. 

Term United States . implies a union of states. Government of 
United States the authority of that union. 

Theory of government is that of local self-government. Local 
affairs are attended to by people of localities. For this purpose 
territory is subdivided. Government of the United States has 
nothing to do with local affairs. It is a government of named or 
enumerated powers. These powers are named and limited in the 
Constitution of the United States. It has no authority over subjects 
not named. The people in a sense live under two governments — 
State and United States. 

The general government did not create the states and their 
governments. The original states united in forming the national 
government, for national purposes. Illustrations. Articles of Con- 
federation. Constitutional Convention. Ratification of the Consti- 
tution. 

The exercising of powers delegated i'n the Constitution of the 
United States is the business of the general government. 



CHAPTER IV. 

TERRITORY OVER WHICH THE AUTHORITY OF 
THE GENERAL GOVERNMENT EXTENDS. 

Over the whole territory embraced within the several states and 
territories, District of Columbia, navy yards, etc. Authority exer- 
cised over the territory within and that without a state, very 
different. 

Over the territories, District of Columbia, and government reser- 
vations and purchases, it is supreme. 

In the states, it extends to those subjects only over which power 
is given by the constitution. 

Territories can only become states at the will of Congress, 
Inhabitants of them and of the District of Columbia do not partici- 
pate in the general government, nor in local government except in 
such manner as is prescribed by Congress. 






TABLE OF CONTENTS. Vll 

CHAPTER V. — Departments op Government. 

LEGISLATIVE DEPARTMENT. 

Is vested in a Congress of the United States ; composed of two 
houses or branches ; house of representatives ; senate ; delegates 
from the states make up this body. 

House of Representatives; delegates to are elected every second 
year by the people of the states. States divided into congressional 
districts. Division made every tenth year after census. Repre- 
sentatives apportioned by Congress. Present house has three hun- 
dred and twenty-five members. 

Delegate must be twenty-five years old Seven years a citizen 
of the United States Must be an inhabitant of the state choosing 
him. Vacancy filled by new election. 

Chooses its own officers. Principal officer is Speaker. Is pre- 
siding officer. Speaker pro tern. Speaker appoints members to 
committees. Most important political office except President of the 
United States. Other officers. Delegates from territories. Has sole 
power to originate money bills, and sole power of impeachment. 

SENATE. 

Two senators from each state. Chosen by state legislatures. 
For six years. Each senator has one vote. Must be thirty years old. 
Nine years a citizen. Citizen of state choosing him. Vice President 
of the United States presides. Called president of the senate. Pres 
ident pro tern, elected if vice president is disabled, dead, removed or 
acting president. Senate elects all other officers. Senate makes up 
its own committees. 

Generally a law may originate in either house of ' Congress. 
Assent of each house necessary to any law. Congress meets once a 
year, at Washington on first Monday in December. Each house 
sits by itself. Each house is judge of election, qualifications and 
return of its members. Majority of each is a quorum to do business. 
Less number may adjourn from day to day and compel the attendance 
of absent members. Each house keeps and publishes a journal of its 
proceedings. Neither house without the consent of the other can 
adjourn for more than three days, nor to any other place than that 
in which the two houses shall be sitting. Compensation of delegates. 
Privileges. 

T 13 



Vlll CIVIL GOVERNMENT. 

CHAPTER VI. 

POWERS OF CONGRESS. 

Enumerated powers ; Art. 1, Sec. 8, Constitution, U. S. 

Prohibitions. Suspension of habeas corpus. 

Bill of Attainder. Ex post facto law. 

No money to be drawn from the treasury unless appropriated 
by law. No title of nobility to be granted ; and no laws respecting 
an establishment of religion to be passed, or prohibiting the free 
exercise thereof ; or abridging freedom of speech or of the press, 
or the right of citizens to assemble and petition government. 

Right of citizens to bear arms. Soldiers not to be quartered on 
the people in peace except by consent. Security of person and 
property. Twice in jeopardy. Accused need not testify against 
himself. Due process of law. Compensation for private property 
taken for public use. Right of a citizen to a speedy and public trial 
in criminal cases. Right to jury of the vicinage. To be informed 
of the accusation, confronted with the witnesses, have compulsory 
process for witnesses, and assistance of counsel. Excessive fines not 
to be imposed. Nor unusual nor cruel punishments inflicted. 

Enumeration of certain rights not to deny others retained by the 
people. Powers not delegated to the United States, nor prohibited 
to the states, belong to the states or the people. Validity of public 
debt not to be questioned. Right to vote not to be denied or 
abridged. 

Third branch of legislature. President must approve bill. 
Approves by signing. Returns it to house originating, if not approved, 
with reasons. Congress may amend to suit views of president, pass 
over the veto, or take no further action. To override veto requires 
sanction of two-thirds the Congress. Bill retained b} r president ten 
days, Sundays excepted, it becomes a law, unless Congress adjourns. 

CHAPTER VII. 

THE EXECUTIVE DEPARTMENT. 

Executive power vested in President of the United States. 
Elected. Term of office four years. Qualifications. Salary. Resi- 
dence. Duties. Executive Department. Cabinet. Foreign Minis- 



TABLE OF CONTENTS. IX 

ters. Judges. President, Commander-in-chief of army and navy. 
Of militia in actual service. 

Some of the powers of the Executive. Vacancy in the office. 
Election of. 

CHAPTER VIII. 

THE JUDICIAL POWER. 

Vested in one Supreme Court and inferior courts. 

Inferior courts created by Congress. Judges. 

Supreme Court. Judges. Salaries. Circuits. Sessions. Juris- 
diction. 

Circuit Courts. Jurisdiction. 

District Courts. Jurisdiction. 

Source of Jurisdiction, of all courts except the Supreme 
Court. 

Court of Claims. Jurisdiction, Judges. Sessions. 

CHAPTER IX. 

Some of the Constitutioual Prohibitions upon States. Art. 1, 
Sec. 10, Constitution of the United States. 

Explanation. Letters of marque and reprisal. What they are. 
Declaration of Paris, 1856. 

COINAGE. 

Reasons why states should not coin money. 

BILLS OF CREDIT. 

What they are. Does not apply to notes of a state bank drawn 
on credit of a particular fund. Nor any bills circulating on private 
credit. Nor extend to evidence of indebtedness issued by a state for 
borrowed money, or services performed for it. 

* BILL OP ATTAINDER. 

Doctrine of attainder. Abolished in England. Is a legislative 
conviction and punishment for crime. 

LAWS IMPAIRING THE OBLIGATION OF CONTRACTS. 

Clause much discussed. Decisions of the courts. Republican 
form of government guaranteed. 



X CIVIL GOVERNMENT. 

CHAPTER X. — Some other Powers of Sovereignty. 

EMINENT DOMAIN. 

Right to take private property for public use. Inherent in sov- 
ereignty. Power restricted by constitutions. 

Definition of the right. Property subject to be taken. Must be 
for a public purpose. Taking must be by legislative authority. 

Powers usually exercised by the state. Compensation. Taking 
limited to the necessity, — so far as quantit}^ is concerned. Power 
must be exercised strictly within the limitations. 

THE UNITED STATES A PREFERRED CREDITOR. 
When. 

CHAPTER XL— Public Revenues. 

TAXATION. 

What it is for. Definitions of. Power to tax. Duty of citizen. 
Differs from subsidies. Power unlimited. Is legislative., Necessity 
— a question for legislature. Fixing amount of tax and naming sub- 
jects to be taxed, within legislative power. 

RESTRICTIONS UPON THE POWER. 

Constitutional. Limitations which inhere in the power itself. 
Power cannot be delegated. State agencies, etc., can not be taxed. 
Direct Taxes. Indirect Taxes. Collection of the revenues. 
Public Lands. 

CHAPTER XII, 

HOW THE PRESIDENT IS ELECTED. 

The primaries. State and national conventions. The Electoral 
College. * 

Times of choosing electors. Counting the electoral vote. 



CIVIL GOVERNMENT. 



CHAPTER I. 

DEFINITIONS. 
State. 

A body politic, or society of men, united together 
for the purpose of promoting their mutual safety and 
advantage by the joint efforts of their combined 
strength. ! 

The terms state and nation are frequently employed 
as meaning the same thing. But while a state may be 
a nation, and a nation may be divided into, or made up 
from several states, the term nation means more nearly, 
People or Race. 

The term, however, is used indiscriminately for des- 
ignating either a principality, like some of the German 
states, or the Nation itself. Of course it is applied to 
the American States. 

Constitution. 

The fundamental law of a state, directing the prin- 
ciples upon which the government is founded, and 
regulating the exercise of the sovereign powers, 
directing to what bodies or persons those powers be 
confided and the manner of their exercise. 2 

1 Cooley, Constitutional Limitations, 1 ; Stoiy on the Constitution, 
§207; Bouvier Law Diet., " State "; Vattel b, 1, c 1, §1. 
2 Bouvier Law Diet. 'Constitution." 



b CIVIL GOVERNMENT. 

That body of rules and maxims in accordance with 
which the powers of sovereignty are habitually exer- 
cised. ' 

The constitution is to the state what it is to a society 
of persons. In our day one of the first matters to 
receive attention, where a number of individuals asso- 
ciate themselves permanently, is a constitution ; a 
general organic law for the government of the society. 

The term is frequently used with a meaning more 
or less limited than the one conveyed in the above defi- 
nitions, but it has come to mean, more and more, the 
fundamentals of a free government ; the first or founda- 
tion law ; the organic law. 

How Constitutions are Formed. 

Constitutions may be accumulated or enacted. That 
is, the constitution of a country may be the mass of 
rules, customs, common law — written and unwritten — 
and decisions of the courts, which have accumulated 
and have been acted upon by the government, respected 
and obeyed by individuals, until they have come to be 
regarded as a part of the system of government. Or, 
a constitution may be enacted as a fundamental law of 
the body politic, either by the monarch or by the 
people ; by the sovereign power. 

May be Written or Unwritten. 

Constitutions may be written or unwritten. The 
constitution of Great Britain is an accumulated and 
unwritten one. Those of the United States, both 
federal and state, are enacted and vjritten. 

'Cooley, Const. Limitations, 2. 



DEFINITIONS. 



Their Force and Effect. 



In the United States constitutions are the written 
instruments agreed upon and adopted by the people of 
the United States or of the state, and are absolute rules 
of action and decision for all departments and officers 
of government, upon all questions covered by them. 
Any rule or act of any department of government, or 
of any officer of government, or even of the people 
themselves in opposition to them, will be altogether 
void. l 

So we say, when a law is passed by the legislature, 
federal or state, opposed to the fundamental law or con- 
stitution, that such a law is in excess of legislative 
authority and therefore unconstitutional and void. 

In this respect mainly lies the difference in effect 
between an accumulated and an enacted constitution. 
In a country where the complete sovereignty is, by the 
system of government, vested in the same power or body 
which enacts the ordinary laws, any law, being an exer- 
cise of sovereign power, cannot be void, but if in conflict 
with any existing constitutional principle, must have the 
effect to change or abrogate such principle, instead of 
being nullified by it. This is so in Great Britain. The 
declared will of Parliament is the final law. There con- 
stitutional questions are addressed to the Parliament or 
to the people. Here, after the legislature has passed 
upon such a question, there is generally, when it is 
attempted to put the will of the legislature in operation, 
a right of appeal to the courts. "For the will of the 
people, as declared in the constitution, is the final law, 
and the will of the legislature is only law where it is in 

^ooley, Const. lam., 3. 



10 CIVIL GOVERNMENT. 

harmony with, or at least is not opposed to, that con- 
trolling instrument, which governs the legislative body 
equally with the private citizen." 1 

Sovereignty. 

All political or civil government, presupposes a com- 
munity of people united for the purposes of govern- 
ment, and a sovereign or supreme power residing 
somewhere. It may reside in the people themselves ; 
it may be in a person, or body of persons, having 
sole and only control, and exercising the sovereign 
power. As applied to states, sovereignty imports and 
means the supreme power; a power above which there is 
no power. A state is called a sovereign state when this 
power resides within itself. 2 Usually the sovereignty of 
a state extends to and embraces all the subjects of gov- 
ernment within the territorial limits of the state. Thus, 
France, Russia, Great Britain, and the United States, 
are sovereign states. In each the authority of govern- 
ment extends to all matters of government within the 
limits of the state. Neither of them is controlled in any 
matter of government by a power without or outside 
itself. None of them has any political superior. 

Powers exercised by the sovereign authority. — We have 
said that the sovereign authority has all authority. The 
power to make and to repeal laws ; the power to enforce 
the laws ; to punish violations of laws ; the power to di- 
rect, control, and carry on the government, and to provide 
the necessary political machinery and agencies for that 
purpose — all these are powers exercised by what we call 
the sovereign power or authority. 

1 Cooley, Const. Lim , 3. 

2 Cooley, Const Lim., 1. 



DEFINITIONS. 11 

Law. 

A law is defined to be a rule of action, prescribed by 
a superior power ; a rule or method of action ; a rule 
of civil conduct prescribed by the supreme power of a 
state. 1 

There are many definitions of the word law, with a 
more or less extended meaning. In the sense in which 
the word is important here, it refers to the rule or rules 
of human conduct and action, in communities— munici- 
pal law — which Blackstone defines as "a rule of civil 
conduct prescribed by the supreme power in a state, 
commanding what is right and prohibiting what is 
wrong." 

But it is not individual conduct, alone, which is 
meant when the term civil conduct is used. Nor does 
the rule necessarily mean one prescribed, or enacted, by 
the legislature. A rule of conduct may be said to be 
prescribed, when it is recognized by authority as a rule. 

" The aggregate of those rules and principles of con- 
duct which the governing power in a community recog- 
nizes as the rules and principles which it will enforce or 
sanction, and according to which it will regulate, limit, 
or protect the conduct of its members," is one of the 
definitions of law given in Bouvier. As, if the question 
were asked, What is the law of the state ? meaning the 
term in the concrete sense, the foregoing is a good 
answer. "The law of the land," is an expression often 
seen and heard. It is seen in most of the American 
constitutions, and means not only the written or statute 

1 See 1 Blackstone's Commentaries, § II ; 1 Stephen's Com- 
mentaries, 25. See, also, Montesquieu, Spirit of the Laws, b 1, 
Chap. 1. 



12 CIVIL GOVERNMENT. 

law, but the unwritten law or common law, customs and 
usages, of the land. 

For instance, the law of the land in the United States 
may mean : 1. The unwritten or common law and the 
statute law of England, so far as applicable here, in 
force at the time the independence of the colonies was 
declared. 2. The constitutions or fundamental laws of 
the United States and of the States. 3. Treaties made 
by authority, between the United States and foreign 
States and Nations. 4. The unwritten common laws or 
customs, which have obtained in various parts of this 
country, which are respected and obeyed by individuals 
and enforced by the courts. 5. The legislative enact- 
ments or statute laws. 1 

"Law, in its broad meaning, is the aggregate of legal 
rules and principles, as distinguished from an\ r particu- 
lar rule or principle. No one statute, nor all statutes, 
constitutes the law of the state ; for the maxims of the 
courts and the regulations of municipal bodies, as well 
as, to some extent, the universal principles of ethics, go 
to make up the body of the law. It includes principles, 
which rest in the common sense of justice and right, as 

'"By the law of the laud is more clearly intended the general law, 
a law which hears before it condemns; which proceeds upon inquiry, 
and renders judgment only after trial The meaning is that every 
citizen shall hold his life, liberty, property and immunities, under 
the protection of the general rules which govern society; " Web- 
ster's argument in Daitmouth College case, 4 Wheaton, 518. 
See Story on the Constitution, Vol. 3, 264, 661; Cooley, Const. Lim., 
441; Murray's Lessees i\ Hoboken, 18 Howard, 272. "The consti- 
tutional provisions, that no person shall be deprived of life, liberty, 
or property, without due process of law mean more than a mere leg- 
islative enactment. They restrict the legislature so that it cannot 
reach the life, liberty, or property of the individual, except when he 
is convicted of crime, or when the sacrifice of his property is de- 
manded by a just regard of the public welfare:" — Atchison, etc. 
R R Co. v. Baty, 6 Nebraska, 37. 



DEFINITIONS. 13 

well as positive rules or regulations, which rest in ordi- 
nance. It is the aggregate of the rules and principles 
only which the governing power in the community recog- 
nizes, because that power, whether it be deemed as 
residing in a monarch, an aristocracy, or in the people at 
large, is the source of the authority and the sanction of 
those rules and principles." 1 

Space here will not admit of any classification of 
different kinds of laws. The term statute will be here- 
after defined. AVe read of the laAV of nations, which is 
the aggregate of the rules, customs and usages govern- 
ing intercourse between and among nations, and to 
a large extent between their citizens. A penal law 
is one which inflicts a penalty for its violation. That 
part of a law which inflicts a penalty for its violation, or 
a reward for its observance, is called a sanction. 
Sanctions are of two kinds, civil and penal. A pros- 
pective law or statute, is one the application of which is 
to cases arising after its enactment. A retrospective law, 
is one which has an effect upon or applies to persons or 
things in connection with or reference to past events or 
conduct. These are also called retroactive laws. 

If the effect of such a law is to take away vested 
rights it is so far void. See definition of ex post facto 

law. 

Statute. 

A law established by the act of the legislative power. 
An act of the legislature. The written will of the legis- 
lature solemnly expressed according to the forms 
necessary to constitute it the law of the state. 2 

The acts of bodies delegated with local legislative 

1 Bouvier, Law Diet. "Law." 
2 Bouvier, " Statute." 



14: CIVIL GOVERNMENT. 

powers, or the power to make laws or some laws for the 
locality, as common councils of cities, boards of trustees 
of villages, township boards, boards of supervisors, etc., 
are not called statutes. Ordinance, or resolution, or a 
similar term is usually applied to them. 

• We have already seen that, in this country, a statute, 
opposed to the constitution, state or national, is void. 
It may be void as opposed to the express provisions of 
the constitution or as opposed to its spirit. Courts, 
however, though exercising a proper authority and clear 
dutv, in declaring unconstitutional a statute which is 
plainly so, will only make such a declaration when 
the question is raised, and argued, and when the uncon- 
stitutionality clearly appears. The acts of the legis- 
lature will always, if possible and reasonable, receive a 
construction which Avill leave them in force. Later 
on in this work it will appear how the legislature in this 
country is itself subject to constitutional restraints in the 
manner of enacting laws. The courts have authority to 
go behind the act itself, to ascertain whether in its 
passage, constitutionally prescribed forms or methods 
have been followed. 

Constitutions in different states prescribe different 
rules concerning legislation. One common provision, 
for illustration, in state constitutions, is that an net of 
the legislature or statute shall embrace but one object, 
which shall be stated in the title of the act. The object 
of this is apparent. The title itself calls attention at once 
to the subject of the proposed legislation, and there can 
be no hidden or secret legislation pushed through under 
cover of that title. It leaves each subject of legislation, 
proposed, to stand or fall upon its merits, and does 
not allow an urgent and proper legislative act, to drag 



DEFINITIONS. 15 

along with it an improper one. There is no such pro- 
vision as is referred to, in the Constitution of the United 
States. Several times therefore we have seen a rider, 
as it is called, embracing a provision obnoxious to the 
majority of Congress, tacked upon and carried through 
by a bill appropriating money urgently needed by the 
departments of the government, the alternative being a 
rejection of the whole measure. 

Other common provisions require that a bill shall be 
read a certain number of times before final passage ; shall 
be assented to by a majority of all the legislative body ; 
that the vote shall be entered in the journal of the body 
voting ; that legislation shall be considered and acted 
on publicly ; that no new legislation shall be proposed 
after a certain number of days in the session ; that the 
proceedings of special sessions shall be limited to sub- 
jects mentioned in the call of the officer having authority 
to convene the legislative body. 

Statute law becomes known to the people by being 
printed and distributed. History tells us in what man- 
ner, in earlier times, the will of the law-maker became 
known to the people. It is said that Caligula wrote his 
laws in very small characters and then hung them upon 
high pillars, the better to ensnare the people. In Eng- 
land, formerly, and in the American colonies, many 
acts of parliament and royal proclamations were made 
known by being read in churches and in other public 
assemblages. 

The constitutions of states generally specify at what 
time an act shall take effect. Since it is a rule that 
ignorance of the law does not excuse a person, it is 
necessary and proper that some opportunity be afforded 
the people to learn what the law-makers have enacted. 



16 CIVIL GOVERNMENT. 

An act of Congress takes effect the day upon which it 
is approved. by the President. 1 

By the common law, statutes took effect by relation 
back to the first day of the session at which they were 
enacted. The manifest injustice of this rule led to 
an act of parliament, passed in the 33d year of the reign 
of George III, by which it was provided that, unless 
otherwise ordered, statutes should take effect from 
the day of receiving the royal assent. 

There are many rules which have been adopted, by 
which statutes are construed, or their meaning and 
application arrived at. 

Chapters ten to fifteen, inclusive, of Bishop on 
Criminal Law, discusses the principles of interpretation 
of Criminal Statutes. Chapter seven of Cooley on Con- 
stitutional Limitations, discusses the circumstances 
under which a legislative act may be declared unconsti- 
tutional, and the subject "Sources of Municipal Law," 
in the first volume of Kent's Commentaries, is largely 
devoted to this subject: 

QUESTIONS. 

What is a state? Tell the different meanings in 
which the word is used? 

Write an abstract of the definition given. 

Define constitution, f What is its force ? What is 
the object or purpose of a constitution 1 Has the 
word more than one meaning? What has it come 
to mean ? How are constitutions formed ? What do 
we understand by an accumulated constitution ? Enacted 
constitution? Written? Unwritten? Force in the 
United States and States? In England? What force 

1 See 1 Kent's Commentaries, 455 ; Matthews v. Zane, 7 Wlieaton, 
164; The Brig Ann, 1 Gallison, 62. 



DEFINITIONS. 17 

in this country has a law opposed to the constitution ? 
Write an abstract of the definition given of consti- 
tution. 

What is understood by sovereign power, or sover- 
eignty ? As applied to states what does the term import ? 
What is a sovereign state ? How far does the sovereign 
power of a state or nation extend as to subjects ? Terri- 
torially ? What powers are exercised by the sovereign 
authority ? 

Write an abstract of the definition given. 

Law, means what? What is a law? Give the 
several definitions and the meaning of each ? What 
is municipal law ? What is the law of any given state ? 
What is understood by "the law of the land " ? What 
may it mean in the United States ? Is it restricted to 
acts of the legislature ? Is the constitution of a state, a 
law ? What is the law of nations ? A penal law ? A 
sanction ? A prospective law ? A retrospective law ? 
Eetroactive law? What is the effect of a retroactive 
law ? Is it restricted in its effect ? By what ? 

Write an abstract of the definition given of law. 

Give the definition of statute f Ordinance ? What 
effect has the constitution upon statutes? By what 
authority are statutes enacted ? What authority decides 
finally upon the question of the constitutionality of a 
statute? Give some of the constitutional restrictions 
imposed upon the forms to be used in enacting statutes ? 
Give the reasons for these restrictions ? How do the 
people learn what laws -are passed by the legislature? 
How were the laws formerly made known ? When 
does an act of Congress take effect ? An act of the 
English Parliament ? 

Give a written abstract of the definition of statute. 
B 1* 



18 CIVIL GOVERNMENT. 



CHAPTER II. 

CIVIL GOVERNMENT. 
Government Generally. 

To govern is to rule, regulate, influence. Govern 
ment supposes or suggests, from a mere statement of 
the word, first, authority somewhere ; second, a person 
or persons, or subjects upon which the authority is 
to act. 

In the ordinary sense or use of the word, as applied 
to individuals, government begins at home, in the 
family. The child first learns, there, what authority is 
and what obedience. The teaching is continued in the 
school, and the child passes along into the world, a 
member of the com m unity, an individual in the body 
politic or state in which he lives, conscious that from 
the beginning he has been governed. The commands 
given have come from the father and mother and from 
the teacher. So far as government was concerned, his 
intercourse with other members of the family put upon 
him certain duties to be performed. These have been 
duties to do and not to do, acts. In the doing and not 
doing as required, he has been respecting and recogniz- 
ing the rights of others, and under the same authority 
and obligations others have respected and recognized 
his rights. 

Some of the duties imposed have been for the welfare 
of the family as a family, of which he was a part, 
perhaps to contribute by his labor, to some extent, to 
the family support. 



GOVERNMENT GENERALLY. 19 

The family is a little state. A person comes into 

the state as he does into the family, by being born 

into it. 

Government a Necessity. 

There is no conception to be had of men living other- 
wise than in communities, nor of communities of men 
without government. Government is as essential in the 
community as it is in the family. Men were made to 
live together, with wants rendering them mutually 
dependent upon each other. The community is a num- 
ber of families, and the state or nation a number of 
communities. 

It is of course possible to conceive of a man, by 
accident or because of a warped or diseased mind, living 
solitary and apart from his fellows. On an unpeopled 
island or in some wilderness he might live for years, 
under no restraints except natural ones, governed and 
controlled by no human laws. But this is simply a 
removing away from the natural order of things. Let 
other men intrude upon his solitude, and a community, 
the smallest, be formed. Instantly, each is under some 
restraints. Certain rules governing conduct, and 
respecting the rights of others are regarded by each 
member of the community. Without them the com- 
munity would cease to exist. Increase the community, 
and the mutual dependency of its members increases, and 
becomes more far reaching. The government of the 
society will grow with the society. Society and govern- 
ment are both grown institutions, and have grown and 
do grow together. 

The social state is natural, and therefore a necessity, 
and grows. Government arises from necessity out of 
the social state, and grows with it. 



20 CIVIL GOVERNMENT. 

Civil Government. 

It is the subject of government as applied to commu- 
nities that we are concerned about. And not only as 
applied to communities or states, but to communities 
the members of which are engaged in those pursuits 
which are natural to mankind. A band of robbers or a 
purely military organization could be called a commu- 
nity ; both exist or have existed, and all were under 
government. But the community of which we speak, 
is the community which men seem naturally to form ; 
the community in which the family is the unit. The 
objects of such a community are those of the social or 
civil state, and the government of them is civil govern- 
ment. In such a community, we have seen, govern- 
ment is a necessity. 

Why the frame or characteristics of government in 
any given community should be as they are, can perhaps 
be sufficiently answered. Certain natural peculiarities 
and characteristics of the people, soil, climate, industries 
followed —these may largely account for the kind of 
government. 

There have been an endless variety of governments. 
It is said, however, that whatever form the government 
may take, "the fundamental idea, however rudely con- 
ceived, is always the protection of society and its mem- 
bers, security of property and person, the administration 
of justice therefor, and the united efforts of society to 
furnish the means to authority to carry out its objects.' 1 

What Civil Government Imports. 
When civil government, therefore, is spoken about, 
we understand: First, the existence of such a eommu- 
1 Bouvier's Law Dictionary, "Government." 



AVHAT CIVIL GOVERNMENT IMPORTS. 21 

nity as has been described; second, that there is a system 
of rules, usages and customs, more or less complex, by 
which the community and the members of it are gov- 
erned, and, third, that there is somewhere authority, not 
only to make rules and regulations for governing, but 
to change, repeal and enforce them. 

But it seems that these are common to all governments 
of the kind. They give no idea of the plan or form of 
government. Because, these rules may be few or many, 
may be fixed and established, or subject to constant 
change. The authority of government may be in the 
hands of one man, a body of men, or in the community 
at large. The authority may be within or outside of the 
community itself. Rights may, or may not, be defined. 

It is the difference in these matters or in some of 
them which allows a classification of governments. 1 

Definition of Government. 

It is, perhaps, well here to define the sense in which 
the term government will be used and is properly used 
in this book. As commonly used it has different mean- 
ings, depending upon the connection in which it is used. 
The State itself, or body politic, is called, sometimes, 
the Government. It is applied to the administration, or 
body of persons in whose hands is the official power and 
direction of affairs. But, strictly, the State is the 
society of individuals, and the Government is the au- 
thority of the society. It is the aggregate of all the 
institutions by which society or the State makes and 
enforces the rules necessary to the welfare of the society 
and its members. 

1 For a very interesting classification of governments, sec Bou- 
vier's Law Dictionary, "Government" 



22 CIVIL GOVERNMENT. 

Different Forms of Government. 

It is not in the plan of this work to give any classifi- 
cation of the different forms of governments, nor to dis- 
cuss in any way the subject of the origin and growth of 
government. 

As leading naturally to an understanding of the sys- 
tem and frame of our own government, it may be said 
that the tendency of communities has been and is, to 
adopt or take on a form of government in which the 
individual member of the community has the largest 
possible voice and part in governmental affairs, consistent 
with the proper administration of affairs ; in which cer- 
tain principles and rules are followed ; in which the 
principal recognized rights of the individual are defined 
and fixed by laws, and in which the powers of govern- 
ment are separated and distributed into different hands. 
In other words, the tendency is towards what we call 
free government. The object to be attained is liberty, 
civil and political. All this implies, of course, a moving 
away from systems of government in which these things 
were not embodied, a discarding of different methods 
and forms which before existed. If present forms and 
characteristics of what we call free government are 
approved and seem to be proper and necessary and for 
the good of the society and the individual, then, in 
noticing them and their advantages, the mind may dwell 
upon the state of society as it would exist without them, 
and some idea be gained of what progress has been 
made. 

With what all Government must Concern Itself. 

When we say that one object and end of government 

is the protection of the governed, it is not meant simply 



WITH WHAT GOVERNMENT MUST CONCERN ITSELF. 23 

that mischievous intruders shall be kept out of the 
society or state, nor the repelling of armed invasion. 
This is, of course, included in the meaning, and in earlier 
times states were kept constantly agitated upon the sub- 
ject of outside invasion. There is little of this now 
among civilized nations. 

Nothing has had so much to do with the change in 
this respect as the fostering of the natural relations of 
the family in communities. Following necessarily upon 
the adoption of this relation came, and comes, the nat- 
ural desire to protect and care for the family, in sickness 
and in health, and to acquire a cornpjetenc\/ in property. 
But if a man could now only acquire and hold so much 
property as he could watch and guard, subject all the 
time to have it taken away by some one when his vigi- 
lance was relaxed, society, civilized society, could not 
exist. So, as has been already said, while society has 
been growing into this state, government has grown 
Avith the society. 

Therefore the protection to the governed f o be afforded 
by government, means the protection of individual rights 
in the community itself. This has come to be what 
government in modern times is principally concerned 
with. The intermingling in the social state gives rise 
to a multitude of duties owed by each individual to 
others generally, to some others particularly. 

Some of these duties are to respect what we shall 
term natural rights, others are imposed by government, 
and the duties imposed give rise at once to rights in 
others to have the duties performed. 

A right not recognized by government, or the au- 
thority of the society, is of no account or conse- 
quence. 



24 CIVIL GOVERNMENT. 

It is only recognized rights which are available. 

However proper an asserted right may seem to be, if 
it cannot be enforced, it is useless and not a right, 
except, perhaps, in the view of morals. This is easily 
comprehended and should be remembered. 

It is therefore the great duty of government to con- 
cern itself with rights and their definitions. Judge 
Cooley, in his work on Torts, says: " Every government 
must concern itself with the definition of rights and the 
providing of adequate security for their enjoyment. If 
a government is properly and justly administered, this 
will be its chief business ; and this in its true sense con 
stitutes civil liberty." 

Powers of Government. 

We say that the powers of government are all powers 
necessary to carry out the essential objects of govern- 
ment, some of which have just been mentioned. But 
these powers admit of an easy classification or separa- 
tion. There mast be, and always is, a law-making 
power. This includes, of necessity, the power to change 
and repeal laws. A power to hear and determine ques- 
tions arising upon the application of law, — to administer 
the law. A power to execute the law. 

Making, amending and repealing laws, we call the 
exercise of legislative power. Applying or administer- 
ing the law is the exercise of judicial power, and enforc- 
ing the laws, the exercise of executive power. 

It is the difference in the manner of the exercise of 
these powers, which are inherent in all government, 
which constitutes the difference between free government 
and that more or less despotic. 



POWERS OF GOVERNMENT. 25 

Distribution of the Powers of Government. 

The manner of the exercise of the powers of govern- 
ment, in theory at least, depends largely, if not entirely, 
so far as the question of free government is concerned, 
upon the distribution of those powers. To illustrate: 
Suppose the authority of government vested in one man 
— the king. He, exercising these powers, makes laws at 
his will, publishes them or keeps them secret, applies 
them in person, and executes them to suit himself. His 
punishments for violations of law are not known until 
he pronounces sentence. 

He may pardon whom he pleases. He may suspend 
the operation of a law to please a favorite, or make a 
law, after an act has been committed, to punish an 
enemy. 

It is evident that under such a reign civil liberty 
could not exist. The successor of such a ruler, on the 
contrary, might publish a code of laws, equitable, just, 
and calculated in every way to secure the liberties of 
the subject. He might judge fairly in the cases brought 
before him, and impartially and honestly execute the 
laws. Under such a ruler civil liberty would exist. 

But no security would remain to the subject that this 
state of things would continue. A change might come 
over the ruler and the whole code of laws be repealed. 
He might insist upon hearing and deciding cases with- 
out reference to the established rules, and punish offences 
in such manner as occurred to him. Again, the ruler 
might not himself respect private rights at all, but override 
in his own actions rules which he compelled the subject 
to obey. Such a government as has been described has 
not been an unfrequent event. The security of person 



26 CIVIL GOVERNMENT. 

and property in a whole empire has depended upon the 
temper and acquirements of the son of a king. 

History tells us how enlightened communities have 
gradually shaken off such a state of things. 

It has been done by distributing the powers of govern- 
ment, and setting bounds to authority. The setting of 
limits to authority is as much a part of governing, as 
much an act of authority, as any other. 

Few of these changes for the better, in government, 
have been suggested or instituted by the ruler. They 
have come from the people. Many remain as the results 
of revolution, in which the people governed rose against 
the established government, and only submitted when 
concessions were made to them. 

It is not difficult to understand how, if the law-making 
power is separated from the law-enforcing power, and 
the two powers reposed, for exercise, in different persons 
or bodies, the chances are better that a good government 
will exist. And if separate and distinct from both these 
is kept the power which we call the judicial power, the 
power which applies the laws to particular cases, another 
element of good government is added. But if the ruler 
or executive was not subject to the laws, or if he, at will, 
appointed and displaced judges, and overawed the legis- 
lative authority, order and security was not certain. 

So we find that as communities have grown and men 
have become enlightened, the object and aim of men has 
been to make this distribution of powers more certain, 
and the exercise of each more independent of the other. 

Political Liberty. 

In accomplishing such results, the citizen, the gov- 
erned, has necessarily asserted himself more and more. 



POLITICAL LIBERTY. 27 

The voice of the community has demanded and enforced 
progress, until, in good governments, in free govern- 
ments, the political liberty of the citizen has become a 
right. Political liberty has been said to consist in an 
effective participation by the individual in the making of 
the laws. 

If, when political liberty is enjoyed by the subject, 
civil liberty and a free government in its full meaning is 
not enjoyed, the citizen must be at fault. 

England has been the country in which the warfare 
for free government was begun, carried on and finished. 
English constitutional history will inform the American 
student by what means and after what time, a form of 
government in which the people participated became 
possible. 

The young American citizen of to-day finds a free 
government, in which he is allowed directly or indirectly 
to participate. A plan of government in which the 
powers are separated, distributed, independent. The 
continuance of this made certain by written federal and 
state constitutions. The same constitutions setting 
bounds to authority, defining the principal rights of the 
citizen, and themselves beyond any change except in 
certain prescribed ways. The sovereign people have 
delegated portions of the sovereign power to depart- 
ments and officers of government. The power to name 
the persons who shall exercise these powers is at stated 
intervals returned to the people. The will of the major- 
ity, lawfully expressed, is the supreme law. Powers 
not delegated remain in the people. 

It should be borne in mind, in the study of any plan 
or form of government, that the sovereign power, 
residing somewhere in the state, can do what it will. 



28 CIVIL GOVERNMENT. 

There is nothing over or above it. It can make such 
laws as it chooses, in such manner as it chooses, and 
enforce them in its own way. It can borrow money of 
its citizens and of foreign states and citizens, and pay or 
not as it thinks fit. It can, in the plenitude of legislative 
power, make north south, and change all commonly 
known standards of value, weight and measure. It can 
confiscate the property of the citizen, or give it to his 
neighbor; make murder a misdemeanor, and assault and 
battery a felony. It can establish a form of religion, 
and punish with death all who worship in any other 
form. 

Of course, you say, that is not possible. Practically 
it is not. Theoretically it is. Practically it has been 
true, in effect, at least. 

In this country the people are sovereign. Whenever 
a majority of them shall be of the same mind, what may 
they not do ? 

If we have a good government, its plan and charac- 
teristics should be understood in order to be perpetuated. 
If changes seem necessary, they should not be attempted 
by those ignorant of what they would remedy. The 
idea that the state, the nation, is something apart from 
the citizen, a thing to be libelled, resisted and plundered, 
is a mistaken idea. The state is yourself. It is gov- 
erned wisely or not as you allow. Steal from it, and 
you put your hand in your own pocket. Cheat it, and 
you defraud yourself. More than this. The sins in 
governing, committed by the fathers, are often only 
visited upon the heads of the children. 

QUESTIONS. 

To govern is what? What does the word govern- 



QUESTIONS. 29 

ment suggest or pre-suppose? Write or give an ab- 
stract of your own idea of government in the general 
sense ? Where does government begin ? What com- 
parison between the family and the state ? How does 
one become a person in the state ? 

Can men live without government ? Tell what you 
can about this? What is civil government? What is 
the fundamental idea of government ? What does civil 
government import ? Give definition of government ? 
What is the tendency of communities in regard to 
government ? What is the object to be attained ? With 
what must government concern itself? 

What do we mean by protection of the governed? 
When is a right valuable ? The great duty of govern- 
ment ? What general powers has the government? 
What is meant by distribution of the powers of govern- 
ment ? In what way connected with the question of 
free government? Illustrate. 

What is meant by setting limits to authority ? What 
changes have contributed to establish free government? 
From what source have these come ? What is the effect 
of the distribution of the power of government ? What 
evils are probable if not separated ? What do 3^0 u 
understand by civil liberty ? By political liberty ? In 
what country has the struggle for free government been 
prominent ? Give a plan, general, of the government in 
the American states. 

Sovereign authority is what \ What may it do in 
government? Where is the sovereign power in this 
country ? Tell what you can of this ? Write an abstract 
of this chapter. 



30 CIVIL GOVERNMENT. 



CHAPTEE III. 

GOVERNMENT OF THE UNITED STATES. 

The term, United States, implies at once a union of 
states, and the Government of the United States, the 
government of that union. It will be learned, as this 
study progresses, that the theory of government in the 
United States, is that of local self-government. That is, 
the United States is made up of states, the states of 
counties, the counties of towns, and the towns in many 
states, of school and road districts, or other small 
divisions. These names all represent territorial divis- 
ions. They also represent the extent of communities 
for some purposes of government. 

So far as is possible, in each of these political subdi- 
visions, the affairs of the locality are attended to by the 
people of the locality. In their local affairs, the people 
govern themselves. In one sense of the term each is a 
little sovereignty ; a number of these form a sovereignty 
a little larger, and so on until we have a state. 

The first thing to be learned of the Government of 
the United States is, that it lets alone local affairs. That 
it employs itself with those matters and subjects of gov- 
ernment which are in their character national. 

The second thing to learn is, that the powers of the 
General Government, or Government of the United 
States, are named, or enumerated, and, while the powers 
properly belonging to it are full and ample, the theory 



GOVERNMENT OF THE UNITED STATES. 31 

is that all other powers and subjects of government 
belong to the states and the people. 

A third thing to learn is, that the powers exercised 
by the General Government are named and limited in 
a written constitution, adopted by the people of the 
states. It has no power or authority over any subject 
not named in the constitution. 

So the people of the states, live in a certain sense 
under two governments, that of the state and of the 
United States. 

To illustrate, there was not in the beginning of our 
national existence a large territory, the people of which 
existed under one general form of government ; the 
divisions of the territory into states was not by that 
general authority, and for the purposes of convenient 
government, as a state is now divided in smaller districts 
for such purposes. On the contrary, the then inhabited 
territory was divided into a number of colonies, and 
these colonies had separate and independent existences. 
Because the people of the colonies were deprived in a 
measure of political liberty, and not allowed, as they 
wished, to govern themselves in all local affairs, they 
declared their independence of Great Britain, and the 
war of the Revolution was the result. 

Before the Revolution, whatever power was exercised 
over the colonies, in common, was exercised by the 
Crown or Parliament of Great Britain. When war 
broke out, the Congress of 1775, assumed the powers of 
a general government, acting in all matters affecting the 
general welfare of the colonies. 

It conducted the war, declared the independency of 
the colonies, made treaties and assumed to itself general 
direction and control of general public affairs. 



32 CIVIL GOVERNMENT. 

It was a government springing up of necessity. It 
had no defined authority ; no power to enforce obedience 
to its orders. 

It was composed of delegates from the different colo- 
nies. Those delegates received their instructions from 
the conventions sending them. The people ratified the 
acts of that congress by obeying them. In order to 
define the powers of the General Government, the Arti- 
cles of Confederation were adopted. 

The powers given by those articles were not adequate, 
in many respects, and a Constitutional Convention was 
called. It framed a constitution which went into effect 
in 1789. ! 

It is seen, therefore, how of necessity and for the 
mutual, organized protection of all, a number of inde- 
pendent colonies, united in establishing a general or 
national government. 

1 This convention was composed of delegates from all the origina I 
thirteen states, excepting Rhode Island. It assembled at Phila- 
delphia, May 14, 1787. On the 17th of September following, a form 
of constitution was agreed upon. It was sent by the congress to the 
legislatures of the several states, and was by them submitted to con- 
ventions of delegates chosen in each state by the people. The 
several state conventions ratified the Constitution. Ratification by 
nine states was sufficienf to establish it among those states ratifying 
it. It was ratified in Delaware, December 7, 1787 ; Pennsylvania, 
December 12, 1787; New Jersey, December 18, 1787; Georgia, Janu- 
ary 2, 1788; Connecticut, January 9, 1788; Massachusetts, Februarv 
6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New 
Hampshire, June 21, 1788 ; Virginia, June 26, 1788; New York, July 
26, 1788; North Carolina, November 21, 1789; Rhode Island, May 29, 
1790. July 2, 1788, the ratification by the ninth state was read to 
Congress, and an act was at once prepared for putting the Constitu- 
tion into effect, and on September 13, 1788, Congress appointed days 
for choosing electors, and resolved that the first Wednesday in March 
then next should be the time and New York the place, for beginning 
under the new Constitution. Washington took the oath of office 
April 30, 1789. The Constitution became the law of the land March 
4, 1789. 



GOVERNMENT OF THE UNITED STATES. 33 

But to this Government were, as has been stated, only 
given national powers. 

Thus we have the Government of the United States 
attending to, supervising, controlling and sovereign in 
all affairs of general national importance, and state gov- 
ernments, entirely independent in most matters of state 
concern, attending to, controlling and sovereign in all 
affairs arising within the respective state borders over 
which the General Government was not given expressly, 
or by necessary implication, control. ' 

The general history of the condition of people in the 
colonies and of the proceedings from the first to organize 
and establish the Government of the United States, is 
interesting as explaining in a measure the reasons for 
government in any and every community of people. 
Specific reasons may differ, but the general reason is the 
same. 

From what has been already said, it will be seen how 
important an instrument is the Constitution of the United 
States. 

The carrying out and exercising of the powers therein 
given, is the business of our general government, and is 
the civil government of the United States. 

QUESTIONS. 

What does the term United States at once imply ? 
What is the theory of government in the United 
States ? 

'The student is referred to the " Federalist" for the arguments 
advanced in favor of the adoption of the Constitution of the United 
States, and in support of the general plan and system of government 
therein provided. A reading of it will not only be generally valuable, 
as having been written while the subject was under discussion in the 
various state legislatures, but as showing with what jealousy the 
people, individually and as states, examined every provision delega- 
ting powers to the General Government. 
C 



M civil government; 

What do you understand by local self-government ? 

What is first to be learned of the Government of the 
United States ? 

With what does it concern itself ? 

The second thing to learn ? What do you understand 
by this ? 

A third thing to learn ? 

What does the Constitution of the United States do ? 
Is it written or unwritten ? Have you ever read it ? 

Do the people of the state live under more than one 
government ? In what sense ? Give the illustration in 
the text in your own way. 

What caused the Revolutionary War % 

Before the Revolution, by whom or what power was 
general authority exercised over the colonies ? After the 
war broke out ? What was and is the necessity for a 
general government ? 

Tell about the Articles of Confederation. Did you 
ever read them ? The Constitution ? How and by 
whom framed ? How adopted ? When ? When did it 
go into operation ? What powers are given the General 
Government? Write an abstract of the chapter. 



CHAPTER IV. 

THE TERRITORY OVER WHICH THE AUTHORITY 
OF THE GENERAL GOVERNMENT EXTENDS. 

The authority of the Government of the United 
States, exercised within constitutional limits, extends 
over the whole territory embraced within the several 
states and territories. 



AUTHORITY OF THE GENERAL GOVERNMENT. 35 

It has jurisdiction also and authority over the District 
of Columbia, and over certain small divisions of territory 
acquired by cession or purchase, and used for navy yards, 
forts, arsenals, lighthouses, and the like. 

But the authority exercised over that territory within 
and that without the borders and jurisdiction of a state, 
is very different in extent. We shall learn, further on, 
something concerning the authority given to the General 
Government with relation to the states and their inhabit- 
ants. 

Over all territory outside the jurisdiction of a state, 
the authority of the General Government is supreme. 

In the District of Columbia Congress governs directly, 
attending to and legislating for all the internal affairs of 
the District. 

In the navy yards, arsenals, and like places, few 
people will be found not actively engaged in the service 
of the United States. 

It is usual, when a state sells or gives a part of its 
territory to the United States, for the purposes desig- 
nated, to provide that process from the state courts may 
be served therein. Otherwise, persons committing 
crimes within a state against its laws, and fleeing to one 
of these localities, would be safe from arrest. 

In the territories, the Congress of the United States 
prescribes in what manner the people shall be governed. 

T-he people are not entitled to self government, ex- 
cept as Congress grants the right. Over them exclusive 
and unlimited power of legislation is given to Congress 
by the Constitution, and its exercise has been sanctioned 
by the courts. 1 

1 See Const. U. S. Art. 1, Sec. 8 ; Art. 4, Sec. 3. See also The 
American Insurance Co. v. Canter, 1 Peter's U. S. Rep., 511; 3 



36 CIVIL GOVERNMENT. 

The United States owns the land, not patented, in all 
the great territories. It may sell or give it away. Its 
disposal is all within the authority and discretion of 
Congress. ! 

Under the authority vested in Congress, it has passed 
laws providing for the erection of territorial govern- 
ments, and the appointment of officers in each ter- 
ritory. 2 

It allows delegates in Congress to be chosen every 
second year by the people of organized territories, giv- 
ing them the right to debate, but not to vote, in the 
House of Representatives. 

Territories can only be admitted into the Union and 
become states at the will of Congress. 

It need hardly be said that the inhabitants of the 
territories and of the District of Columbia do not pos- 
sess the right to participate in the general government. 
They do not vote for President or Vice-President of the 
United States, and, except as above mentioned, are not 
heard in national affairs. 3 

QUESTIONS. 

Over what territory has the Government of the United 
States jurisdiction and authority ? 

Is the authority greater over the States, or over the 
territory not embraced in a state? 

What authority is exercised over the District of 
Columbia ? The Territories ? 

In what manner are the Territories governed? 

Story's Commentaries, 193-198; Hepburn v. Ellzey, 2 Cranch, 445; 
Corporation of New Orleans v. Winter, 1 Wheaton, 91. 

1 Johnson v. Mcintosh, 8 Wheaton, 543; Fletcher v. Beck, 6 
Oranch, 142, 143; Const. U. S., Art. 4, Sec. 3. 

2 See Ordinance of Congress of 1787, and acts since passed for 
same purpose. 

3 See post p. 182, and note. 



DEPARTMENTS OF GOVERNMENT. 37 

To what extent do the inhabitants participate in the 
government of the United States ? 

Who owns the land in the Territories ? 

What authority admits a Territory into the Union ? 
Do the inhabitants of the Territories vote for President 
of the United States ? 

Why is this so? How is it in the District of .Co- 
lumbia % 

Write an abstract of the chapter. 



CHAPTEE V. 

DEPARTMENTS OF GOVERNMENT. 
Legislative Department. 
Tn the plan of government provided by the Constitu- 
tion, and under which we live, the three great powers of 
government-— the law-making or legislative, law-enforc- 
ing or executive, and the judicial power— are placed in 
different hands and constitute three departments, each 
separate and independent. The legislative power is 
vested in a Congress of the United States This Con- 
gress is composed of two houses or branches, viz., the 
House of Representatives, or lower house, as it is called, 
and the Senate. Delegates from the States make up 
these bodies. 

HOUSE OF REPRESENTATIVES. 

Delegates to the House of Representatives are elected 
in the several states, by the people thereof, every second 
year. For the purposes of this election the States are 



38 CIVIL GOVERNMENT. 

divided into Congressional districts. This division is 
made every tenth year, after the taking of the census of 
the United States. Representatives are apportioned to 
the several States by Congress, according to the respective 
numbers (population). In determining the numbers in 
each state, Indians not taxed, are excluded. 

The act of Congress of February 25, 1882, provides 
that after March 3, 1883, the House of Representatives 
shall consist of three hundred and twenty-five members; 
that whenever a new state shall be admitted, the repre- 
sentatives therefrom shall be in addition to this number. 1 

The following table shows the ratio of representation 
and whole number of delegates in the House of Repre- 
sentatives, under the Constitution of 1789, and after each 
census since. 

No. of 
One Delegate to. Delegates. 

Constitution of 1789 30,000 population 65 

1st census, from March 4, 1793 33,000 population 105 

2d census, from March 4, 1803 33,000 population 141 

3d census, from March 4, 1813 35,000 population 181 

4th census, from March 4, 1823 40,000 population 213 

5th census, from March 4, 1833 .... .47,700 population 240 

6th census, from March 4, 1843 70,680 population 223 

7th census, from March 4 1853 93,423 population 237 

8th census, from March 4, 1863 127,381 population 243 

9th census, from March 4, 1873 131,425 population 293 

10th census, from March 4, 1883 154,325 population 325 

The constitutional qualifications for a delegate are, ' 
that he must be twenty-five years old, have been for 
seven years a citizen of the United States, and, when 
elected, an inhabitant of the state in which he is chosen. 

In case of a vacancy in the representation from any 

1 See also act of same date providing for apportionment among 
the states. 



DEPARTMENTS OF GOVERNMENT. 39 

state the Governor of that state orders a new election to 
fill such vacancy. 

The House of Representatives chooses its own officers. 
There are many of these. The principal officer of the 
House is the Speaker. He is the presiding officer and 
is chosen from the delegates elected. It is also usual to 
elect a Speaker pro tempore, who acts as presiding officer 
in the absence or during disability of the Speaker. By 
a custom of the House of Representatives, the Speaker 
selects and appoints members to the various committees 
of the House. As the greater part of the work of Con- 
gress is done in committee, and as the committee 
appointed to consider any branch of legislation has, 
justly, great influence over those subjects referred to it, 
it will be seen that the power of the Speaker is very 
great. His course in the appointment of committee-men 
at the opening of a new Congress ; indeed, the person 
elected Speaker, if of pronounced views upon political 
matters of present interest to the people, outlines in a 
great measure the policy of that political party which is 
in the ascendant in the House of Representatives, upon 
those matters. 

Next to that of President of the United States, the 
office of Speaker of the House of Representatives has 
come to be, apparently, the most important, politically, 
in the government. 

The House of Representatives elects its clerks, Ser- 
geant-at-Arms, door keepers, and other officers necessary 
to perform its business. 

In addition to the members elected from the states, 
a delegate chosen by the people of each organized terri- 
tory, is allowed a seat in the House, and a voice in 
debate. He has no vote. 



40 CIVIL GOVERNMENT. 

The House of Representatives has the sole power of 
originating bills for revenue, 1 and the sole power of 
impeachment. 2 

THE SENATE. 

The Senate of the United States is composed of two 
senators from each state. They are chosen by the state 
legislatures for six years. 

Each senator has one vote. No person can hold the 
office of senator who is not thirty years old, and who has 
not been a citizen of the United States nine years. He 
must also be a citizen of the state choosing him. 

The presiding officer of the Senate is the Vice Presi- 
dent of the United States. He is called President of the 
Senate. In case of the disability, death or removal of 
the Vice President, or when he is acting as President of 

1 This means that all legislation to raise money for purposes of 
government, must originate in or be proposed by the House of Repre- 
sentatives. In all matters connected with the enactment or making 
of laws, the two houses of the legislature are of equal importance 
and power and laws may generally be proposed in either house. 
The constitutional provision regarding bills for revenue, is like the 
custom in England. In Parliament money bills can only originate in 
the House of Commons. 

In Congress the Senate may amend bills of this character and 
must give them their assent before they can become laws. In Eng- 
land the House of Lords is not allowed to amend such bills, and even 
their right to reject them is denied. 

2 When the President, Vice-President, or any civil officer of the 
United States shall be guilty of treason, bribery, or any other high 
crime or misdemeanor, they are subject to impeachment, and removal 
if found guilty, and the articles of impeachment or charges must com± 
from the House of Representatives. In trying on^ against whom 
charges are preferred, the Senate sits as a court to try the charges 
If the President of the United States is tried, the Chief Justice of the 
Supreme Court of the United States presides. When sitting for this 
purpose senators are either sworn or affirmed to try the impeachment 
as judges would do. Two-thirds of the senators present must agree 
to convict. If the person tried is found guilty, the judgment of 
the Senate can only extend to the removal of the person from office, 
and disqualify him from holding or enjoying any office of honor, 
profit or trust under the United States. 



DEPARTMENTS OF GOVERNMENT. 41 

the United States, the Senate chooses one of its members 
President pro tempore, to act in the place of the Vice 
President. 

The Senate elects its officers, as does the House of 
Representatives. The Senate committees are not ap- 
pointed by the President of the Senate, but are made up 
by the senators themselves, in caucus. 

We have already seen that, in general, any law may 
originate in either house of Congress, and that the assent 
of each house is necessary to make a law. 

Congress must meet at least once in each year. Their 
meeting is on the first Monday in December, and they 
meet at the Capitol, in Washington. Each house sits by 
itself. 

Each house is the judge of the election, return and 
qualifications of its members. A majority of each is a 
quorum to do business, and a less number than a quorum 
may adjourn from day to day, and may compel the 
attendance of absent members in such manner and under 
such penalties as each house may provide. Each house 
keeps and publishes a journal of its proceedings. 

Neither house, during a session of Congress, can, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two Houses shall be sitting. 

Senators and Representatives receive a compensation 
for their services, paid out of the Treasury of the United 
States. 1 They are privileged from arrest, except for 

1 Compensation first paid members of Congress was six dollars for 
each day's attendance, and six dollars for each twenty miles' travel 
by the usual road in going to and returning from the capital This, 
in case of senators, was increased one-sixth after March 4, 1795. In 
1796, the pay of senators and representatives wa-i six dollars a day, 
and six dollars for every twenty miles' travel. In 1816, the compen- 
sation was fifteen hundred dollars, beside travel fees as before. In 
2* 



4:2 CIVIL GOVERNMENT. 

treason, felony, or breach of the peace, during their 
attendance upon the sessions of Congress, and in going 
to and from the place where Congress meets. 

QUESTIONS. 

In our country, what division of powers is made ? 
Into how many departments ? What are they called ? 

What is legislative power ? In the United States, 
where vested ? How is the legislative body divided ? 

What are the qualifications necessary for membership 
in the House of Representatives ? By whom elected I 
How are states divided for this purpose ? Upon what 
basis is this division made ? When? Vacancy? Prin- 
cipal officer of the House of Representatives ? What 
can you say of his duties and powers ? 

What do you understand by bills for revenue? 
Impeachment ? What is the rule in England concerning 
the originating of money bills ? What is the Senate of 
the United States ? Of whom composed ? How many 
to each state ? Qualifications for the place ? Who pre- 
sides over the Senate ? When does some one else pre- 
side ? In which may bills generally originate ? Is the 
assent of both houses necessary to the enacting of a law ? 
When does Congress meet ? How often ? Where ? For 
what purpose ? What authority decides on the election, 
qualifications and return of a member of Congress? 
What constitutional provisions are there in regard to 
adjournment of either house ? What are members paid ? 

1818, it was fixed at eight dollars per day, and eight dollars for every 
twenty miles' travel. In 1856, a salary of three thousand dollars was 
fixed. In 1866 a salary of five thousand dollars, and mileage at twenty 
cents per mile, which is the present rate of compensation, although in 
1873 it was fixed at seven thousand five hundred dollars, and actual 
traveling expenses. 



POWERS OF CONGRESS, 43 

In what Congressional district do you live? Name of 
your , Congressman ? Names of Senators from your 
state? What are the privileges of a member of Con- 
gress ? Write an abstract of this chapter. 



CHAPTER VI. 

POWERS OF CONGRESS. 
(Art. I, Sec 8.) 
The Congress shall ha/ve power : 

1. To levy and collect taxes, duties, imposts and ex- 
cises ; to pay the debts and to provide for the common 
defense and general welfare of the United States ; but 
all duties, imposts and excises shall be uniform through- 
out the United States. 

2. To borrow money on the credit of the United 
States. 

3. To regulate commerce with foreign nations, and 
among the several states, and with the Indian tribes. 

4. To establish an uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States. 

5. To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and meas- 
ures. 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States. 

7. To establish post offices and post roads. 

8. To promote the progress of science and useful 
arts, by securing for limited times to authors and invent- 



44 CIVIL GOVERNMENT. 

ors the exclusive right to their respective writings and 
discoveries 

9. To constitute tribunals inferior to the Supreme 
Court ; to define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law of 
nations. 

10. To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land and 
water. 

11. To raise and support armies ; but no appropria- 
tion of money to that use shall be for a longer term than 
two years. 

12. To provide and maintain a navy. 

13. To make rules for the government and regula- 
tion of the land and naval forces. 

14. To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections and repel 
invasions. 

15. To provide for organizing, arming and disciplin- 
ing the militia, and for governing such part of them as 
may be employed in the service of the United States, 
reserving to the states respectively the appointment of 
the officers, and the authority of training the militia 
according to the discipline prescribed by Congress. 

16. To exercise exclusive legislation in all cases 
whatsoever over such district, not exceeding ten miles 
square, as may by cession of particular states and the 
acceptance of Congress become the seat of government 
of the United States, 1 and to exercise like authority over 
all places purchased, by the consent of the legislature of 
the state in which the same shall be, for the erection of 

1 District of Columbia. 



POWEKS OF CONGRESS. 45 

forts, magazines, arsenals, dock yards, and other needful 
buildings. ' 

IT. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers 
and all other powers vested by this Constitution in the 
government of the United States, or in any department 
or officer thereof. 

Some of the Constitutional Prohibitions Upon 
Congress. 

1. The privilege of the writ of habeas corpui shall 
not be suspended, unless when, in cases of rebellion or 
invasion, the public safety may require it. 

2. No bill of attainder, or ex post facto 3 law, shall be 
passed. 

1 See ante, page 34 et. seq. 

2 This is the most famous writ in the law. The name is from 
the Latin, and means, that you have the body. It is a writ issued by 
a court or magistrate, directed to a person detaining another person, 
and commanding him to produce the body of the prisoner at a certain 
time and place, with the time of his detention and its cause. The 
object of the writ is to cause a legal inquiry into the cause of impris- 
onment, and to effect a release of the prisoner if his detention be 
illegal. The date of the origin of the writ is not known. It was in 
use by the judges in time of Henry VI. Traces of its existence are 
found in the time of Edward III. Similar provisions to the one 
above are found in most state constitutions. It has been held that 
Congress alone possesses power to suspend the writ. In 1863, Con- 
gress authorized President Lincoln to suspend the privilege of the 
writ throughout the whole or any part of the United States in his 
discretion. Under this act a partial suspension took place. The 
power to suspend the writ was never exercised by any state except 
Massachusetts. It was during "Shay's Rebellion," suspended for 
nearly a year (November 1786, July, 1787), In the Confederate 
States it was suspended during the war. Application for the writ 
may be made by the prisoner or by any one in his behalf. It is 
usually by petition, verified by affidavit. There is a penalty usually 
imposed on the magistrate for not issuing in proper case. See Hurd 
on Habeas Corpus; Bouvier's Law Dictionary. 

3 An ex post facto law may be defined as one which makes that an 
offense which was not an offense when committed, or one which 
makes a crime, or act, punishable in a manner in which it was not 
punishable when committed, — a law made to punish acts committed 



46 CIVIL GOVERNMENT. 

3. No money shall be drawn from the Treasury, but in 
consequence of appropriations made by law. 

4. No title of nobility shall be granted by the United 
States. 

5. Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof ; 
or abridging the freedom of speech or of the press ; or 
the right of the people peaceably to assemble and peti- 
tion the Government for a redress of grievances. 

6. The right of the people to keep and bear arms 
shall not be infringed. 

7. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner ; nor in time 
of war, but in a manner to be prescribed by law. 

8. The right of the people to be secure in their per- 
sons, houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated ; and no 
warrants shall issue but upon probable cause, supported 
by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be 
seized. 

9. No person shall be subject for the same offense to be 
twice put in jeopardy of life or limb ; nor shall he be com- 
pelled, in any criminal case, to be a witness against him- 
self, nor be deprived of life, liberty, or property, without 
due process of law ; nor shall private property be taken 
for public use without just compensation. 

before the law was passed, and which had not been declared crimes 
by preceding laws. It does not mean the same as retroactive laws. 
Any ex post facto law is retroactive, but the converse is not necessarily 
true. As used in the Constitution it refers to criminal or penal 
statutes alone. There is a similar provision in most state constitu- 
tions. See 1 Kent's Com., 408; Bouvier's Law Diet., " Ex post facto." 
See, also, for something concerning retroactive laws, Cooley's Const. 
Lim., 265. 



TOWERS OF CONGRESS. 47 

10. In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trial, by an 
impartial jury of the State and district wherein the crime 
shall have been committed ; to be informed of the nature 
and cause of the accusation ; to be confronted with the 
witnesses against him ; to have compulsory process for 
obtaining witnesses in his favor ; and to have the assist- 
ance of counsel for his defense. 

11. Excessive fines shall not be imposed, nor cruel 
and unusual punishments inflicted. 

12. The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage others 
retained by the people. 

13. The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the states, 
are reserved to the states respectively or to the people. 

14. The validity of the public debt of the United 
States shall not be questioned. But neither the United 
States nor any state shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or 
emancipation of any slave. 

15. The right of citizens of the United State to vote 
shall not be denied or abridged by the United States, or 
by any state, on account of race, color, or previous con- 
dition of servitude. 

There is another branch to the legislature. After a 
bill or law has been approved by both Houses of Con- 
gress, it must be approved by the President of the 
United States. 

If he approve and sign it, it becomes a law. If he 
does not approve it, it is his duty to return it to the 
House in which it originated, with his reasons for not 



48 CIVIL GOVERNMENT. 

signing it. This is called vetoing a bill. When a bill 
is thus returned, there are three things, any one of 
which may be done. That House to which the bill is 
returned may take no further notice of it, or may amend 
it in a way to meet the objections stated in the veto, 
pass it as thus amended, send it to the other House 
of Congress to be approved as thus amended, and so on 
to the President for his approval. But Congress may 
refuse to assent to the objections stated by the President, 
and pass the bill notwithstanding them. This is called 
passing a bill over the veto. This requires that the 
bill be approved by two-thirds of the members elect in 
each House. If the President retains a bill for ten days, 
Sundays excepted, it becomes a law in the same manner 
as if he had signed it, unless Congress by adjournment, 
prevent its return. In such case it does not become a 
law. 

QUESTIONS. 

Tell what you can of the powers of Congress ? What 
is Congress ? Where does its power come from ? How 
is it limited in regard to power? By what? Has it 
general legislative power over all subjects of govern- 
ment ? 

What are some prohibitions upon Congress ? In what 
instrument are these prohibitions found.? What do you 
understand by the term "prohibition?" What is an 
ex post facto law ? What do you understand about the 
writ of habeas corpus f 

What is the third branch of the legislature ? 

Its authority and power ? 

In what manner is the veto power exercised ? By 
whom ? What is its effect on proposed law ? What 
follows it ? 



THE EXECUTIVE DEPARTMENT. 49 

How can a law be passed over the veto ? 
Write an abstract of the chapter. 



CHAPTER VII. 

THE EXECUTIVE DEPARTMENT. 

We have spoken first of the Legislative Department 
because it is the most important department of the Gov- 
ernment. 

While it is true that the different departments are 
independent and equal, it will be seen that the legisla- 
tive has the greatest power. It can not control the 
action of a court already taken, or of the judge of a 
court, nor can it remove him, nor increase or decrease 
his salary. But, excepting the Supreme Court of the 
United States, Congress undoubtedly has power to 
abolish the system of courts as now existing and create 
a new one. It may increase or lessen the jurisdiction 
ot inferior courts, it may take away from any inferior 
court jurisdiction, in such way as to practically abolish 
the court. It may change rules of evidence and enact 
statutes of limitations. 

The Second Great Department of Government is 
the Executive. 

The executive power of the United States shall be 
vested in a President of the United States, who shall 
hold his office for the term of four years. 

The President must be thirty-five years old, and a 
natural born citizen of the United States. 
D 3 



50 CIVIL GOVEKNMENT. 

He is paid a salary, from the treasury of the United 
States, of fifty thousand dollars a year. 

He is supposed to reside at the Executive Mansion 
provided by the Government, usually called the White 
House, at Washington. 

The Constitution provides that "he shall take care 
that the laws be faithfully executed." 

Chief among his duties, therefore, is the selection and 
appointment of proper persons to assist in executing the 
laws of the United States. 

For the purpose of executing the laws, and attending 
to the details of executive business, that business has 
been divided and is managed by several departments 
called Executive Departments. 

For these departments the President nominates heads 
or managers, and, with the consent of the Senate, these 
heads of departments are appointed, and constitute the 
President's Cabinet. 

These departments are the departments of State, of 
the Treasury, of War, of the Navy, of the Interior, of 
Justice, and the department of Post Office and Post 
Koads, etc. 

The titles of Cabinet officers are Secretary of State, 
War, the Navy, the Interior, the Treasury, and Attor- 
ney General and Postmaster General. 

In these departments are employed the great number 
of men who are doing the detail work of a great govern- 
ment. 

The President, with the advice and consent of the 
Senate, appoints our ministers to foreign powers, the 
justices of the Supreme Court, and the judges of all 
courts inferior to the Supreme Court. 

If during a recess of the Senate a vacancy occurs 
in any office, the appointment to which is made by the 



THE EXECUTIVE DEPARTMENT. 51 

President, the President appoints some person to fill the 
vacancy, the appointment expiring at the end of the 
next session of the Senate. 

By virtue of his office, the President is Commander- 
in-Chief of the Army and Navy of the United States, 
and of the militia of the several States, when it is called 
into the actual service of the United States. 

He has power to grant reprieves and pardons for 
offenses against the United States, except in cases of 
impeachment. He is required, from time to time, to 
give the Congress information of the state of the Union, 
and recommend to their consideration such measures as 
he shall judge necessary and expedient. This is done 
by what is called the President's message. 

The President may, on extraordinary occasions, con- 
vene both Houses or either of them, and in case of dis- 
agreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he 
shall deem proper. 

In case of the death, disability, resignation or removal, 
of both President and Vice-President, the President of 
the Senate, if there be one, shall act as President ; and 
if there be no President of the Senate, then the Speaker 
of the House of Representatives shall act as President. 

The President and Vice-President of the United 
States are Elected by States. 

Each state has as many votes for President as it has 
members in the Seriate and House of Representatives in 
Congress. 

In practice, each political party in a state, in repre- 
sentative convention, elects as many persons, called 
Presidential electors, as the state is entitled to vote in the 



52 CIVIL GOVERNMENT. 

electoral college. The names of these men are printed 
upon the ballots cast by the voters. 

Previous to the election and to the election of these 
electors, each party has met in national convention, and 
nominated candidates for President and Vice-President 
of the United States. Those electors having received 
the greatest number of votes in each State cast their 
votes for the party candidates. 

QUESTIONS. 

Who is President of the United States ? How many 
Presidents have there been ? What power has the Pres- 
ident? What department of Government does he 
represent ? 

Tell what you can about his duties ? 

Can he make laws ? Can he hold court ? 

What are the qualifications for the office ? How is a 
President elected? 

Write an abstract of this chapter. 



CHAPTER VIII. 

THE JUDICIAL POWER. 

The judicial power of the United States is, by the 
Constitution, vested in one Supreme Court, and in such 
inferior courts as the Congress may from time to time 
establish. 

The judges, both of the Supreme Court and the infe- 
rior courts, hold office during good behavior, and receive 
at stated times pay for their services from the treasury 



THE JUDICIAL POWER. 53 

of the United States. Their salaries cannot be dimin- 
ished during their continuance in office. 

Since the adoption of the constitution, Congress has 
established United States Circuit and District Courts, 
dividing for this purpose the whole territory of the 
states into circuits and districts. 

Each circuit has a circuit judge, and each district a 
district judge, to preside over the court. 

Courts are held at convenient intervals in each dis- 
trict at at least one place therein. 

Supreme Court. 

The judges of the Supreme Court are each allotted to 
some circuit, and the circuit courts are held either by a 
justice of the Supreme Court, by the circuit judge of 
the circuit, or by the district judge of the district in 
which the court sits, or by any two of the judges named 
sitting together. 

There are eight justices of the Supreme Court of the 
United States, besides the Chief Justice. The salary of 
the Chief Justice is $10,500 a year, and of each Asso- 
ciate Justice $10,000 a year. 

The Supreme Court holds an annual session at Wash- 
ington, commencing on the second Monday of October. 

The United States are divided into nine circuits. The 
first circuit comprises Maine, New Hampshire, Massachu- 
setts and Rhode Island ; the second, Connecticut, Ver- 
mont and New York ; the third, New Jersey, Pennsyl- 
vania and Delaware ; the fourth, Maryland, Virginia, 
West Virginia, North Carolina and South Carolina ; the 
fifth, Georgia, Alabama, Florida, Mississippi, Louisiana 
and Texas ; the sixth, Michigan, Ohio, Kentucky and 
Tennessee ; the seventh, Indiana, Illinois and Wisconsin ; 



54 CIVIL GOVERNMENT. 

the eighth, Missouri, Iowa, Minnesota, Arkansas, Kan- 
sas, Colorado and Nebraska : and the ninth, California, 
Oregon and Nevada. 

Jurisdiction. 

The courts of the United States have jurisdiction over 
all cases in law or equity, arising under the constitution, 
laws and treaties of the United States ; all cases affect- 
ing ambassadors, other public ministers and consuls ; all 
cases of admiralty and maritime jurisdiction ; all cases 
to which the United States shall be a party ; controver- 
sies between states ; between citizens of different states ; 
between citizens of the same state, where the dispute is 
concerning lands claimed under grants from different 
states, and between a state or its citizens and a foreign 
state or its subjects. 

In all cases affecting ambassadors, or other public 
ministers and consuls, and in all those cases to which a 
state is a party, the Supreme Court has original jurisdic- 
tion. In all other cases it has appellate jurisdiction both 
as to law and fact, but subject to such exceptions and 
regulations as Congress may see fit to make. * 

1 When we say a court lias original jurisdiction over any subject, 
we mean that actions concerning that subject may be begun in that 
court. For instance: In Michigan the circuit courts have original 
jurisdiction in suits arising upon a promissory note, upon which one 
hundred dollars or more is due. Suit may be begun in the circuit 
court upon such a note ; but if the amount due on the note is only fifty 
dollars, suit in the circuit court can not be begun, or if begun, must be 
dismissed, because, it would be said, the circuit court has no jurisdic- 
tion. But original jurisdiction does not mean exclusive jurisdiction. 
The same suit may often be begun in one court or in another, as the 
suitor thinks best. To continue the illustration: A justice's court, in 
Michigan, has jurisdiction to try any cause arising upon a note to the 
amount of three hundred dollars. If one had a note upon which two 
hundred dollars was due, and wished to sue it, he could either begin 
his suit in a justice's court, or in the circuit court. Both courts have 
original jurisdiction where the amount is more than one hundred 



THE JUDICIAL POWER. 55 

As at first constituted the Supreme Court had five 
associate justices and the chief justice. One justice was 
added 1807, two more in 1837, and one in 1863. This 
made nine associate justices, or a bench of ten judges. 
Justice Caton died in 1865, during the administration 
of Andrew Johnson. A law was passed by Congress 
over the veto of the President, forbidding the filling of 
the vacancy, or appointment of any more judges, until 
the number of associate justices should be reduced to six. 

In 1869, Congress passed a law, making the number 
of associate justices eight. 1 

The Supreme Court has been a great power in national 
affairs. In the history of its proceedings, as in no other 

dollars, and are said to have concurrent jurisdiction in suits on con- 
tract, involving from one to three hundred dollars. 

By appellate jurisdiction is meant jurisdiction to try and deter- 
mine or to review and correct suits or determinations, which have 
already been passed upon by some other and lower court. 

Thus if you sue or are sued in justice's court, upon a contract 
involving in amount fifty dollars, and are not satisfied with tne result 
of the suit, you may appeal your case, to the circuit court of the " 
county and have it there again tried and determined. 

In such case the circuit court is said to be an appellate court, or 
court to which an appeal has been taken. The most common exer- 
cise of appellate jurisdiction is where causes are taken from courts 
of general jurisdiction to the court of review, on writ of error or cer- 
tiorari. In such cases, the questions passed relate to the decisions of 
law made in the court where the cause was tried, and the judgment 
is either affirmed, or the cause is sent back for a new trial. ^ 

Congress has by statutes limited the appellate jurisdiction of the 
Supreme Court of the United States, and the limitations refer princi- 
pally to the amount involved in the controversy. 

*In all there have been eight chief justices: John Jay ; John 
Rutledge, who only sat during one term, and whose appointment was 
not confirmed by the Senate; William Cushing, who had been an 
associate justice from the organization, and who resigned the office of 
chief justice at once, but remained on the bench as associate until his 
death; Oliver Ellsworth, appointed in 1706, and resigned in 1801; 
John Marshall, who was chief justice for thirty-four years; Roger B. 
Taney, who remained on the bench twenty- eight years; Salmon P. 
Chase, from 1864 to 1873, and Morrison R. Waite, the present chief 
justice. 



56 CIVIL GOVERNMENT. 

history, can be seen the gradual harmonizing by judicial 
authority of the differences which early sprang up be- 
tween the state and federal authorities. ! 

A large and notable amount of this was accomplished 
during the term of John Marshall, as chief justice, 
and the posterity of the American citizens of that time 
have reason to congratulate themselves that so able and 
pure a judge, so great a lawyer and a man so thoroughly 
imbued with the correct spirit of our institutions was 
then the presiding judge and genius of this court. 

The act or acts of Congress found in the United States 
statutes under the title "The Judiciary," make pro- 
vision concerning the jurisdiction of the Supreme Court, 
not already established by the Constitution, and deter- 
mine and limit the jurisdiction by the Circuit and the 
District courts. It is not profitable nor possible to 
attempt even a digest of these provisions. 

One or two provisions may be noticed. The Supreme 
Court has exclusive jurisdiction over all controversies 

^considerable number of the earlier cases in this court were 
suits against states, by citizens of other states, of which the Supreme 
Court had by the constitution original jurisdiction. 

In the case of Chisholm v. Georgia, reporte I in 2 Dallas' Reports, 
419, the Supreme Court decided that a state could be sued by citizens 
of another state. To this decision and the authority of the court the 
legislature of Georgia made open defiance. The power appeared so 
' inexpedient, that Congress proposed an amendment to the constitu- 
tion in this respect, and the eleventh amendment to the constitution 
was adopted. 

Another case of great importance was the one known as the Dart- 
mouth College case (Dartmouth College v. Wood ward, 4 Wheaton,518) . 
A charter had been granted by the British Crown to the trustees 
of Dartmouth College, in 1769. This the Supreme Court held to be a 
contract within the meaning of the Constitution; that an act of the 
legislature of New Hampshire altering the charter in a material 
respect without the consent of the college authorities, was unconsti- 
tutional and void as an act impairing the obligation of a contract. 
See Art. I. Sec. 10. Const. U. S. 

The Supreme Court not only held the law void, but in doing so 
set aside the judgment of the state court affirming its validity. 



THE JUDICIAL POWER. 57 

of a civil nature where a state is ' a party, except 
between a state and its citizens, or between a state and 
citizens of other states, or aliens. In these cases it has 
original but not exclusive jurisdiction. It also has 
exclusive jurisdiction of all suits or proceedings against 
ambassadors or other public ministers, or their domes- 
tics or servants, and original, but not exclusive jurisdic- 
tion of all suits brought by ambassadors or other public 
ministers, or in which a consul or vice-consul is a party. 

It is also provided that the trials of issues of fact 
in the Supreme Court, in all actions at law against citi- 
zens of the United States, shall be by jury. l 

Without particularizing, most civil cases heard and 
determined in a district or circuit court of the United 
States where the amount in controversy exclusive of 
costs exceeds the sum or value of five thousand dollars, 
may be reviewed at the option of either party in the 
Supreme Court. 

There are some causes, or classes of causes, where 
writ of error or appeal is allowed without regard to the 
amount in dispute. Among these are cases touching 
patent-rights, copy-rights ; actions for enforcement of 
the revenue laws, some actions against officers of the 
revenue. 

But the Supreme Court has appellate jurisdiction in 
another class of cases concerning which something 1 has 
already been said. This is jurisdiction to issue a writ of 

1 It is now many years since a jury was empanneled to try a 
question of fact in the Supreme Court. It is said that early in the 
history of the court they were regularly empanneled and held ready 
to be used if needed, the case of the State of Georgia asrainst Sam- 
uel Brailsford, tried in 1794, when the court sat at Philadelphia, was 
tried by juiy. It is probable no jury has been in attendance upon 
this court since before the time of Marshall. 



58 CIVIL GOVERNMENT. 

error to the highest court of any state for the purpose of 
reviewing the decision of that court in certain cases. 

The cases are those where is drawn in question the 
validity of a treaty or statute of, or authority exercised 
under, the United States, and the decision made by the 
state court is against their validity ; or Avhere the valid- 
ity of a statute passed by the legislature of a state, or an 
authority exercised under the state, is questioned, as 
being repugnant to the Constitution, treaties, or laws of 
the United States, and the decision of the state court is 
in favor of their validity ; or where any title, right or 
immunity is claimed under the Constitution, or any 
treaty or statute of, or commission held or authority 
exercised under the United States, and the decision of 
the state court is against the title, right or privilege, or 
immunity specially set up and claimed by either party. 1 

Circuit Courts. 

The Circuit Courts of the United States have original 
jurisdiction of suits of a civil nature at law or in equity, 
where the matter in dispute, exclusive of costs, exceeds 
the sum or value of five hundred dollars, and an alien is 
a party, or the suit is between a citizen of the state 
where it is brought and the citizen of another state. 

There are many other cases in which it has juris- 
diction. A corporation created by a state, is a citizen of 
the state within the meaning of this act. 

District Courts. 
The District Courts of the United States have juris- 
diction of all crimes and offences cognizable under the 

'See act Congress September 24, 1789, Sec. 25; Revised Statutes 
United States, Sec. 709. For a leading case on the subject see Martin 
v. Hunter, 1 Wheaton, 304. 



THE JUDICIAL POWER. 59 

authority of the United States, committed within their 
respective districts, or upon the high seas, the punish- 
ment of which is not capital (Revised Statutes United 
States, Title XIII, Chap. 3). The exception to this 
jurisdiction relates to the deposit, etc., of fraudulent 
papers in the office of the Surveyor-General of California. 
The Districts Courts may also try and determine 
cases arising under any act for the punishment of piracy, 
where no circuit court is held in the district ; all 
suits for penalties and forfeitures, incurred under any 
law of the United States ; all suits at common 
law brought by the United States, or by any offi- 
cer thereof, authorized to sue ; all suits in equity to 
enforce the lien of the United States upon any real 
estate for any internal revenue tax ; certain suits for 
the recovery of forfeitures or damages to the United 
States ; all causes arising under the postal laws. It 
is not profitable to notice all the cases or classes of cases, 
in which the District Courts have jurisdiction. For the 
jurisdiction as fixed by statute see United States Revised 
Statutes, Title XIII, Chap. 3. 

Jurisdiction; Source of. 

It will be noticed that, excepting the power and juris- 
diction given in the constitution to the Supreme Court, 
the matter of jurisdiction of the courts is left entirely 
with the Congress. 1 

The Constitution, Art. 3, Sec. 2, provides to what 
cases the judicial power of the United States shall ex- 
tend, and, of course, all jurisdiction is within these 
limits. 

But in most cases the courts cannot exercise jurisdic- 
1 See Turner v. Bank of North America, 4 Dallas, 8 



60 CIVIL GOVERNMENT. 

tion without the action of Congress, and Congress is 
not bound to enlarge the jurisdiction of federal courts, 
so as to embrace every subject to which the judicial 
power might constitutionally extend. 

It has been decided that Congress has no power to 
extend or enlarge the original jurisdiction of the Supreme 
Court. 1 

And that it has not delegated the exercise of judicial 
power to the Circuit Courts, but in certain specified 
cases. 2 

But it is seen, and it is important to remember, that 
while the federal authority, legislative and judicial, is 
restrained by constitutional provisions, still the United 
States are one nation and one people, so far as concerns 
matters and power arising under and given by the Con- 
stitution. The judicial power of the United States must 
be competent not only to take care of matters arising 
under the laws of the United States, but to decide upon 
the constitutionality of the laws passed by a State. 

Either all cases arising under the Constitution, laws 
and treaties of the United States, must be brought in 
United States courts, or else the decision of a state court 
must be subject to review in the courts of the United 
States. 

Decisions upon questions which affect the nation must 
oe uniform. Nothing but confusion could arise if the 
final judgment in such cases could be entered in the 
courts of the states. 3 

1 Marbury v. Madison, 1 Cranch, 137. 

9 M'Intire v. Wood, 7 Cranch, 504; United States v. Bevans, 3 
Wheaton, 336. 

3 See Kent's Commentaries, vol. 1, "Jurisprudence of the United 
States." 



THE JUDICIAL POWEK. 61 



Court of Claims. 



One of the necessary incidents of any sovereign au- 
thority is that it cannot be subjected to suit in its own 
courts, except it so elects, and then only in manner pro 
vided. For the purpose of passing upon the validity of 
claims against the United States, Congress has erected a 
court of claims. It was established by act of February 
24, 1855. It consists of a chief justice and four judges, 
appointed by the President, with the advice and consent 
of the Senate, who hold office during good behavior. 
The pay of these judges is four thousand live hundred 
dollars per annum. 

This court holds one annual session, at Washington, 
beginning on the first Monday in December. 

The jurisdiction given this court, by Congress, is 
found in Chapter twenty-one, Title XIII, of the Revised 
Statutes. It may hear and determine claims founded on 
statutes, or contracts, or referred to it by Congress ; 
set-offs and counter-claims of the Government against 
claimants ; claims of disbursing officers ; for captured 
and abandoned property. 

A. large portion of the business done by this court 
since the war of the Rebellion has arisen from claims 
preferred by parties claiming to have been damaged by 
acts of the federal army. 

From judgment entered in this court, there is an ap- 
peal to the Supreme Court of the United States. 

Any final judgment against the claimant, either in 
the Court of Claims, or on appeal to the Supreme 
Court, is a bar to any further claim or demand arising 
out of the matters involved in the controversy. 

When a demand is allowed by the court, it is paid 



62 CIVIL GOVERNMENT. 

out of the Treasury of the United States from any funds 
appropriated generally to the payment of claims. 

Any claim against the United States which might be 
tried and determined in this court, is forever barred un- 
less action is begun within six years after claim first 
accrues. 

But there are exceptions in cases where certain 
enumerated disabilities exist when a claim first accrues. 
In the excepted cases, the claim is not barred until three 
years after the disability is removed. 

QUESTIONS. 

By what instrument are powers of government dis- 
tributed ? How and where was this instrument framed ? 
In what hands is the judicial power vested? How are 
judges appointed ? How long do they hold office ? 
What courts have been established by Congress ? Tell 
what you can of the Circuit Courts? How many jus- 
tices of the Supreme Court ? How many circuits in the 
United States? How many circuit judges? In what 
circuit do you live ? In what district ? What is original 
jurisdiction ? Appellate jurisdiction ? Concurrent juris- 
diction ? What can you tell of the history of the Su- 
preme Court ? Can it be abolished by Congress ? Why 
not? Who is present Chief Justice? From what 
state ? 

What exclusive jurisdiction has Supreme Court? 
Can a case be begun in that court ? What cases ? What 
is the principal business or jurisdiction of Supreme 
Court ? 

What class or classes of causes may be reviewed by 
the Supreme Court ? In reviewing these does the court 
exercise original or appellate jurisdiction ? Does the 



CONSTITUTIONAL PROHIBITIONS UPON STATES. 63 

amount involved have anything to do with the right to 
have cause reviewed ? 

Is this true of all cases ? What is the jurisdiction of 
Circuit Courts ? District Courts, give jurisdiction ? 

What other court is there ? For what purpose estab- 
lished? Why? 

How is the court constituted ? Its sessions ? 

What is necessary to be done before a state can be 
sued by one of its citizens? Why ? Is there an appeal 
from decision of Court of Claims ? To what tribunal ? 

Write an abstract of the chapter. 



CHAPTEE IX. 

SOME OP THE CONSTITUTIONAL PROHIBI- 
TIONS UPON STATES. 

1. No state shall enter into any treaty, alliance or confederation ; 
grant letters of marque and reprisal; coin money; emit bills of 
credit; make anything but gold and silver coiu a legal tender in pay- 
ment of debts ; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts; or grant any title of nobility. 
—Art. 1, Sec. 10. 

Treaty, Alliance, Confederation. 

The reason for this prohibition upon the states is ob- 
vious. The treaty making power ought to belong exclu- 
sively to the nation. There should be no dealings with 
foreign states or powers, except by the General Govern- 
ment. A treaty made by the General Government is the 
law of the land, binding upon all the states, and its 
enforcement or non-enforcement a question of general 



64 CIVIL GOVERNMENT. 

national policy. This prohibition is an expression of 
the sentiment of the states assembled in convention for 
the purpose of laying the foundations for a system of 
government, that the dealing with all foreign powers 
should be through the national authorities, and that the 
states should have no such power. The President and 
Senate can alone make treaties. 

Letters of Marque and Reprisal. 

By tne Constitution the authority is given Congress 
to grant these letters. It is also prohibited to the states. 

A letter of marque and reprisal is a commission 
granted by the government to a private individual, to 
take the property of a foreign state, or of the subjects of 
a foreign state, as reparation for an injury committed by 
such state, its citizens or subjects. ] 

It is a hostile measure to redress grievances, but such 
letters are granted when the nation granting them and 
the nation against whom granted are at peace. They 
.are not necessarily preliminary to war. It is a manner 
of retaliating for injuries suffered by a nation or its 
citizens at the hands of another nation. 

A vessel fitted out at private expense and armed with 
this commission is called a privateer. To encourage 
this sort of warfare, the owners and crews of such vessels 
are allowed to divide and appropriate to themselves the 
property captured. Privateering was formerly very 
common. In 1856, the leading powers of Europe, in 
congress at Paris, declared against privateering. In 
this congress and declaration the United States declined 
to join. During the civil war in America, Congress 

1 See Bouvier's Law Dictionary, " Letter of Marque." 



CONSTITUTIONAL PROHIBITIONS UPON STATES. 65 

authorized the President to grant letters of marque. 
None were issued. 

The Confederates offered such letters to foreigners, 
but they were not accepted. ! 

Coin Money. 

There are many obvious reasons why, in a great 
nation, there should be a regular and uniform coinage. 
If each state could coin money, making a standard of 
weight and fineness for itself, giving to each coin a name 
of its own, the confusion would be great. The states 
are so closely bound together in interests, in commerce 
especially, that it would practically be impossible to 
conduct business with so many kinds of coins. 

Bills of Credit. 

No state shall emit bills of credit. In the sense in 
which the term is used in the Constitution, a bill of 
credit is paper or notes issued by a state, on the faith 
and credit of the state, designed to circulate as money. 

The prohibition does not apply to notes of a state 
bank, drawn on the credit of a particular fund set apart 
for the purpose. The state may incorporate a bank, and 
bills be issued and circulated as money; but so long as 
they circulate upon private credit, they are not bills of 
credit within the meaning of the Constitution. 2 

Nor does the prohibition extend to an evidence of 
indebtedness issued by a state for money borrowed or 
services performed for it. 

1 See on this subject generally, 1 Kent's Commentaries, 96 ; Twiss, 
Law of Nations, 73; Story, Const.; Wlieaton's International Law, 
§ 290; Chitty, Law of Nations, § 1,356; Declaration of Paris, April 
15, 1856; Bouv. L. Diet., "Privateer." 

2 See 1 Kent's Com , p. 407; Craig v. State of Missouri, 4 Peters' 
U. S. Rep., 410; Briscoe v. Bank of Kentucky, 11 Peters', 257. 

E 3* 



6G CIVIL GOVERNMENT. 

Bill of Attainder. 

The doctrine of attainder is hardly spoken of or 
known to present generations. Formerly, in England, 
whenever a person had committed treason or felony and 
received sentence of death for his crime, it worked an 
attainder. It was the extinction of all civil rights and 
capacities. Its effect was to forfeit to the crown all his 
estate, real and personal. His blood was corrupted, so 
that nothing passed by inheritance from or through him. 

Abolished in England by Statute 33 and 34 Victoria, 
Chapter 23. In this country, during and after the Revo- 
lution, acts of attainder were passed by several states. 

A bill of attainder was a legislative conviction and 
punishment for crime. ' 

We have already learned what an ex post facto law is, 
and probably no further reference need be made to that 
subject. 

No State shall Pass a Law Impairing the Obliga- 
tion of Contracts. 

This provision has given rise to as much discussion 
and litigation as any clause in the Constitution. It is a 
constitutional restriction upon the legislative power of 
the states. 

It was early settled, or decided, that when a law 
was in its nature a contract, and absolute rights had 
vested under that law^ that a repeal of the law could not 
impair these acquired rights. A grant is a contract, 
within the meaning of the Constitution, and a grant from 
a state is as much protected as one from an individual. 

! See Macaulay's History of England; Story, on Constitution, 
§ 1.344; Cummings v. Missouri. 4 Wallace, 277; Ex parte Garland, 
4 Wallace, 333; Cooley, Const. Lim., p. 262 and note 1. 



CONSTITUTIONAL PROHIBITIONS UPON STATES. 67 

Nor can the legislature repeal laws creating private cor- 
porations, so as to take away property, or vest it in 
others, without the consent of the corporation, or some 
default on its part. 1 It has been held that a contract 
between two states was protected in the same manner. 2 

Republican Form of Government. 

No state can abolish the republican form of govern- 
ment. Such a form of government is guaranteed by 
the Constitution of the United States, and if abolished 
would call for and receive the direct intervention of the 
federal authority. 

QUESTIONS. 

Write an abstract. of Art. 1, Sec. 10, United States 
Constitution. 

What is a treaty ? What are letters of marque aud 
reprisal ? 

What is a bill of attainder ? Ex post facto law? 

Reasons why a state should not make a treaty or alli- 
ance? 

What authority can alone make treaties ? 

Why should not each state coin money ? 
What is a bill of credit? To what extent does the 
prohibition extend ? Has a state power to incorporate a 
bank ? 

When was attainder abolished in England? When 
in this country? Write an abstract of what is said 
concerning laws impairing the obligations of contracts. 

Fletcher v. Peck, 6 Crancli. 87; New Jersey v. Wilson, 7 
Cranch. 164; Terrel v. Taylor, 9 Crancli, 43; Dartmouth College?;. 
Woodward, 4 Wheaton, 518. 

2 Green v. Biddle, 8 Wheaton, 1. See, generally, Cooley's Const. 
Lim., 273; 1 Kent's Com., 413. 



68 CIVIL GOVERNMENT. 



CHAPTEE X. 

SOME OTHER POWERS OF SOVEREIGNTY. 

Eminent Domain. 
The right to take private property for public use, is 
one inherent in the sovereign power. But for the 
restrictions upon this power in the Constitution of the 
United States and of the states, we should not be con- 
cerned with the subject, except as a general power of 
government. It is important to know the force and 
effect of the power as restricted. 

What the Right is. 

The eminent domain has been defined as "the right 
which belongs to the society or to the sovereign of dis- 
posing in case of necessity, and for the public safety, of 
all the wealth contained in the state." This is a narrow 
definition because, unless convenience is to be treated as 
a necessity, it does not define the right. There exists in 
every government, or in the aggregate of the society, an 
idea and right of property remaining after the grant to 
individuals of the highest private title. It is sometimes 
said that when title is taken from the government, there 
is always an implied reservation by the government, of 
the right to resume possession and control of the prop- 
erty, in the manner directed by the Constitution and 
laws of the state, whenever the public interest requires 
it. "Title to property is always held upon the implied 
condition that it must be surrendered to the Govern- 



SOME OTHER POWERS OF SOVEREIGNTY. 69 

ment, either in whole or in part, when the public neces- 
sities, evidenced according to the established forms of 
law, demand." 

The right is the same one existing in the society or 
state, as the one to navigate public waters, to fish in 
them, and the like. But in the navigation of navigable 
lakes and streams, no private rights are interfered with. 
When, however, a common highway becomes a neces- 
sity, there are usually private rights to be first divested. 
The owner of land necessary to the road may dedicate it 
to the public for use as a highway, may sell it to the 
public, or may be forcibly dispossessed if he will neither 
sell nor give. ' 

"As there is not often occasion to speak of the eminent 
domain except in connection with those cases in which 
the government is necessitated to appropriate property 
against the will of the owners, the right itself is generally 
denned as if it were restricted to such cases, and is said 
to be that superior right of property pertaining to the 
sovereignty by which the private property acquired by 
its citizens under its protection may be taken or its use 
controlled for the public benefit, without regard to the 
wishes of the owners. More accurately, it is the right- 
ful authority which must rest in every sovereignty to 
control and regulate those rights of a public nature 
which pertain to its citizens in common, and to appro- 
priate and control individual property for the public 
benefit, as the public safety, convenience, or necessity 
may demand." 2 

Property Subject to the Right. 
Every species of property may be taken under this 

1 See Coolev, Const. Limitations, Chap. XV. 

2 Ibid., p. 524. 



TO CIVIL GOVERNMENT. 

right which can not be appropriated by any other recog- 
nized right. Money, and rights of action only, it cannot 
be needful to take in this way. 

The Right as Belonging to the National Authority. 

The regulation, in this country, of private rights, 
privileges, and immunities belongs to state government. 
The right of eminent domain pertains to state govern- 
ments rather than to that of the nation. 

In the new Territories, where the United States Gov- 
ernment possesses complete sovereignty, it possesses this 
right also. When the state is formed, the right passes 
to it. The General Government then possesses the right 
only so far as it has sovereign authority. It may still 
exercise it for its own purposes, as for forts, light-houses, 
military roads, and similar purposes. 

Must be for a Public Purpose. 

The right can only be exercised for a public purpose. 
But what is a public purpose ? Certainly if the public 
interest will in no way be promoted, the purpose cannot 
be a public one. 

There could be no protection at all to private prop- 
erty if it could be taken for any but public uses. Yet 
there is great variety of opinion as to what may be con- 
sidered and treated as a public purpose, so as to allow 
the exercise of this right. It has been said that if the 
public interest can in any way be promoted, it must rest 
in the wisdom of the legislature whether the benefit will 
be sufficient to warrant the exercise of the right. 

The legislatures of several states have authorized the 
taking of lands for mill sites, when it was impossible, 
from the nature of the country, to obtain mill sites with- 
out overflowing lands thus condemned. 



SOME OTHER POWERS OF SOVEREIGNTY. 71 

There may have been a time when the government 
should allow the exercise of this right in favor of saw 
mills or grist mills. At present, however, it would 
seem that hotels, churches, and mills of every kind were 
as much a public necessity as saw mills. 

The right is most frequently exercised in condemning 
lands and other property for canals, drains, wharves, 
and public roads of all kinds. But, as has been before 
stated, the right is the same one exercised by govern- 
ment in building levees, court-houses, universities, 
prisons. 

"The common highway is kept in repair by assess- 
ments of labor and money ; the tolls paid turnpikes, or 
the fares on railways, are the equivalents to these assess- 
ments, and the latter are equally public highways with 
the others, when open for use to the public impartially. 
The government provides court-houses for the adminis- 
tration of justice; buildings for its seminaries of instruc- 
tion ; aqueducts to convey pure and wholesome water 
into large towns ; it builds levees to prevent the country 
being overflowed by the rising streams ; it may cause 
drains to be constructed to relieve swamps and marshes 
of their stagnant water; and other measures of public 
utility, in which the public at large are interested, and 
Avhich require the appropriation of private property, are 
also within the power, where they fall within the same 
reasons as the cases mentioned." ' 

The Taking. 

The taking must be by legislative authority, and the 
legislature of the state must determine in what cases the 
right shall be exercised. But the taking need not be 

1 Cooley Const. Lim., 533. 



72 CIVIL GOVERNMENT. 

by the state itself, nor to the state. If in the opinion of 
the legislature the use can be made as effectual by the 
employment of other agencies, they may be employed. 

In the case of a common highway, the title to the 
land taken is not disturbed. It remains in the former 
owners of the soil. The land is subjected to the burden 
of the public right of travel. This right acquired by the 
public is called an easement. 

This easement or right is protected by government by 
criminal proceedings when the general right is disturbed. 
In other cases it is important and proper that the title to 
the property should be taken to the municipality for 
whose use it is especially designated. Take the case 
where land is needed for a district school-house. The 
building and the land upon which it is to be built are for 
the especial benefit of the people of the district. It is 
to be under the care of the district. The legislature 
delegates to the district the exercise of the power of 
eminent domain. In the case of railroads the right is 
delegated to the corporation. It being established by 
the legislature that railroads are a public necessity, and 
can be as well or better built, so far as the general 
benefit is concerned, by individuals or corporations, they 
have been authorized to take private uroperty for the 
construction of such highways. 

Limitations. 

By whomsoever the right is exercised, it is limited in 
both the federal and state constitutions. 

In the Federal Constitution is the direct provision that 
private property shall not be taken for public use with- 
out just compensation. This is usually repeated in state 
constitutions. But there are other limitations, constitu- 



SOME OTHER POWERS OF SOVEREIGNTY. 73 

tional and resting in common sense. The taking must 
be limited to the necessity. When a part will do, the 
whole can not be taken. If the needed public use can be 
secured by allowing the owner to occupy for some pur- 
pose or purposes not inconsistent therewith, such occu- 
pation should be allowed him. If only the use is needed, 
the title should not be taken. 

But much of what is necessary is for the legislature 
to determine, if indeed the whole question is not for 
them. 

No person shall be deprived of life, liberty or prop- 
erty, without due process of law. This constitutional 
provision would require that the statutes of the state 
adopting or permitting a manner of exercising this great 
right of eminent domain, be followed ; and it is the rul- 
ing of the courts that in any taking, either by the state 
through its proper officers, or by individuals or munici- 
palities to whom the power is delegated, the forms of law 
must be strictly followed. 

Compensation must be provided for in every case, 
and it must be just compensation. When the law has 
directed to what tribunal the fixing of compensation shall 
be left, there is generally no going beyond the decision 
reached. 

But it must be reached in a proper manner, upon a 
proper submission. The government may take private 
property for its own uses, without beforehand making 
compensation to the owner. When it is taken by private 
parties, it is reasonable that the constitution or the stat- 
ute provide for payment either before or at the time of 
the taking. The constitution and statute law of each 
state must be consulted to ascertain the proceedings pro- 
vided for exercising this right. 



74 CIVIL GOVERNMENT. 

The United States a Preferred Creditor. 

The United States have a preference, as creditors, 
over individuals and over states. 1. In the case of the 
death of the debtor, without sufficient assets. 2. In 
case of bankruptcy or legal insolvency of the debtor, 
manifested in some way known to the law. ' 3. In case 
of a voluntary assignment by the insolvent of all his 
property to pay his debts. 4. In the case of an absent, 
concealed or absconding debtor whose effects are attached 
by process of law. 

The priority was intended to operate only where, by 
law or by act of the debtor, his property was sequestered 
for the use of his creditors. 1 In other words, the claim 
of the United States against a debtor does not operate 
to avoid any lien of other creditors already acquired, or 
any rights in the debtor's property or estate, but, the 
creditors standing upon an equal footing in respect to 
acquired or vested rights in the debtor's estate, the debt 
of the United States is preferred and first paid. 

QUESTIONS. 

What is the eminent domain ? To what power does 
it belong ? Is it restricted in the United States ? 

Tell what the right is. Upon what principle in gov- 
ernment does it depend ? Write an abstract of "what 
the right is." What sorts of property may be taken? 
Why not money ? Why not rights of action ? To what 
extent does the right belong to the National authority ? 
For what purposes must the right be exercised? Why ? 
What is a public purpose ? What are common instances 
of the exercise of the right ? By what authority must 
the taking be authorized ? Can the state itself condemn 

1 Kent's Commentaries, I, p. 247. 



PUBLIC KEVENUES. 75 

property for its purposes? Can any other person or 
persons receive the authority? From what source do 
railroad companies derive the authority to lay a road 
through a farm ? 

Do cities exercise the same right in taking houses and 
lands for opening a street ? 

Can a school district condemn private property ? For 
what purpose ? Could it condemn property for a church 
site? Why not? What are some of the limitations upon 
the exercise of the power ? Is there any limitation upon 
the power of the legislature to exercise the right ? 

How much property or land may be taken ? 

What is compensation? Write an abstract of this 
chapter. What can you say about the United States 
being a preferred creditor ? When is its debt preferred ? 

Write an abstract of this subject. 



CHAPTER XI. 

PUBLIC REVENUES. 
Taxation. 

Government must be supported. It pays out money 
to those who do its business. It pays pensions, keeps an 
army and navy for the common defense, and is obliged 
to have revenue from some source. The public needs in 
this regard are supplied by taxation. 

Taxes are ' ' the enforced proportional contribution of 
persons and property, levied by the authority of the 
state for the support of the government and for all 



76 CIVIL GOVERNMENT. 

public needs." 1 "The public revenues are a portion 
which each subject gives of his property, in order to 
secure and enjoy the remainder." 9 They are "burdens 
or charges imposed by the legislative power of a state 
upon persons or property, to raise money for public 
purposes." 3 

The citizen and property owner owes to the Govern- 
ment, for the protection of life, liberty and property, a 
duty to pay taxes. They are necessary, that the Govern- 
ment may carry out its functions. 

Taxes differ from subsidies in being regular and uni- 
form, and they differ from forced contributions, loans 
and benevolences of arbitrary and tyrannical periods, in 
that they are levies by authority of law, and by some 
rule of proportion which is intended to insure uni- 
formity of contribution and a just apportionment of 
the burdens of government. In an exercise of the 
power to tax, the purpose always is that a common bur- 
den shall be sustained by common contributions, regu- 
lated by some fixed general rule, and apportioned by 
the law according to some uniform ratio of equality. 4 
The power to tax is a sovereign power, and the sovereign 
power has unlimited right to tax all persons and property 
within the limits of sovereignty. In the United States, 
under the division of powers made by the Constitution, 
the authority to tax is legislative. We have already 
seen that money bills, or bills for revenue, must origi- 
nate in Congress, and only in the House of Representa- 
tives. While, then, taxation is necessary in some form, 
it is for the legislature to say in what form, to what 

1 Opinions of Judges, 58 Maine, 591. 

2 Montesquieu, Spirit of the Laws, b. 13, ch. 1. 
3 Blackwell on Tax-titles, p. 1. 

4 Cooley on Taxation, p. 2, and cases there cited. 



PUBLIC REVENUES. 77 

extent, and upon what subjects it is discreet or politic to 
lay and apportion a tax. ' 

The executive and judicial departments have nothing 
to do with questions of legislative policy. No matter 
how unjust or oppressive a tax may appear, it will be 
enforced if not opposed to the fundamental law of the 
state. The motives which have influenced the selection 
of objects for taxation, or determined the rate, can not 
be inquired into for the purpose of invalidating the tax. 
But in the United States there are some restrictions upon 
the exercise of the taxing power. 

Restrictions upon the Taxing Power. 

First, in the Constitution. Duties, imposts and excises 
must be uniform throughout the United States. A capi- 
tation or other direct tax must be laid in proportion to 
the federal census, according to which representation in 
the House of Representatives is determined. No tax or 
duty can be laid on articles exported from any state. 
These are express restrictions. To them is to be added 
one, always implied : No tax can be laid on a state or its 
agencies of government, nor any which can tend to im- 
pair the sovereign power of the state. 2 

Second, limitations which inhere in the very power 
itself. Some of these may be given : 1. A tax shall be 
imposed for the public good ; but what is for the public 
good is for the legislature to decide. 2. A tax must be 
laid for a public purpose. The question here, however, 
is not one concerning which the determination of the 
legislature is final. What is or is not a public purpose, 
is a question of law. 3. A tax can only be laid upon 

^ooley on Taxation, p. 34. 

2 Const. U. S., Art. 1, Sees. 8, 9. Cooley on Taxation, p. 73, et seq 



78 CIVIL GOVERNMENT. 

the persons and property within the territorial limits of 
the sovereignty ; but when a person is resident within a 
state, his personal property accompanies him, in contem- 
plation of law, and he may be required to pay taxes on 
it wherever he is. Real estate within the limits of a state 
may belong to non-resident owners, but may always be 
taxed. 

4. The power to tax can not be delegated. It must 
be exercised by the Congress itself. 

5. And relating, as above stated, to an exception 
always implied : The Federal Government can not tax 
the means or agencies by which the state carries on its 
functions, nor the salaries of state officers, nor a state 
municipal corporation. l 

Taxes are direct and indirect. Direct taxes within 
the meaning of the United States Constitution are only 
capitation taxes (a tax upon heads, or persons) and taxes 
on lands. 

Direct Taxes. 

The Government has exercised the right to levy a 
direct tax but few times. It can not be made uniform, 
and is objectionable upon that and other grounds. At 
the breaking out of the war of the Rebellion, a direct tax 
was laid on the states. The Northern States, however, 
assumed the amount of the tax themselves, and paid it 
to the General Government, rather than have their citi- 
zens taxed in that manner. 

Indirect Taxes. 

The larger part of the revenues of the United States 
is raised by indirect taxation. Taxes are levied upon 

1 See Cooley, Taxation, pp. 41 to 66. 



PUBLIC REVENUES. 79 

commodities, and are paid by the consumer, in the end, 
in the market price of articles taxed. 1 

There are now very few taxes paid by citizens in any 
other way. These taxes upon commodities may be upon 
those manufactured at home, but are principally upon 
imported goods. A tax upon imports is called a duty 
or impost. 

When the tax is upon the consumption or sale of 
a commodity, it is called an excise. An instance is the 
tax now paid the United States by retail dealers in 
tobacco and liquors. 

Postage. — The money we pay as postage can not be 
called a tax upon us, since service is performed for us for 
which we should pay. If one does not use the post-office 
or mails, there is nothing to pay. The expense of the 
postal system can only fall on such an one when the post- 
office department is not self-supporting, and then only in 
common with everybody else. 

Collection of the Revenue. — The revenue is collected 

'The text has given the rule applicable to a system of impost 
duties or taxes, laid for purposes of revenue only; but, in the interest 
of home labor and manufacturing, governments sometimes adopt a 
policy protective in character. This has been the policy of the United 
States for years. 

Free trade is the removing of all restrictions and allowing goods 
from foreign nations and countries to be laid down in America, with- 
out tax or charge. Arguments are not wanting in favor of each 
system. 

Many men think that our ports should be open to the world, that 
the world may compete for our trade. Others, that such a tax should 
be laid upon imported goods, that the money necessities of the gov- 
ernment may be met by it. Protectionists believe that each nation 
should be in every way self-sustaining; that the manufacture of such 
goods as are needed in the country should be encouraged; that the 
price at which goods might be bought under a free trade system, is a 
small matter compared with a probable collapse of all manufacturing 
industries, or a continuance of these industries upon a basis of pay- 
ment to labor fixed by the standard of thickly-inhabited European 
countries. The question has become a political one, and concerning 
it old party lines are much broken. 



80 CIVIL GOVERNMENT. 

by the servants or officers of government. There are at 
all ports of entry in the United States collectors of cus- 
toms. These, with their deputies and employes, look 
after the collection of the duties on goods brought into 
this country from foreign nations. 

The United States are divided into Internal Revenue 
Districts, and over each of these is a collector. These 
officers and their deputies collect the internal duties from 
manufacturers and dealers in tobacco, cigars, liquors, 
and the like. 

Public Lands. — A further and considerable source of 
revenue to the United States, is from sales of public lands. 

We have learned that the General Government owns 
the unpatented lands in the great territories. 

Many acres of these are sold by the Government. 
Large quantities are given away, the only requirement 
being a stated prior residence on the land, and certain 
improvements thereon. 

QUESTIONS. 

In what manner is Government supported ? 

What need has the nation of money ? 

What are taxes? What right has the Government to 
call upon citizens for contributions ? Are taxes volun- 
tary or involuntary contributions ? How do they differ 
from subsidies ? 

What is a subsidy ? Give an example of one. 

Upon what principle is the power to tax exercised ? 

Is it a sovereign power ? What department of Gov- 
ernment fixes the amount and names the subjects of 
taxation ? 

What have the executive and judicial powers to do 
with the policy of taxation ? 



HOW THE PRESIDENT IS ELECTED. 81 

Give the constitutional restrictions upon the power of 
taxation. 

What power determines, finally, whether a tax is for 
a public purpose or not ? Why ? 

What are direct taxes. Indirect ? What can you tell 
us about direct taxes? Are such taxes commonly levied 
in this country ? In what manner is the revenue of the 
United States principally raised ? Is postage a tax ? 

How is the revenue collected ? 

What other source of revenue has the United States ? 

Write an abstract of this chapter. 



CHAPTEE XII. 

HOW THE PRESIDENT IS ELECTED. 
The Primaries. 

Parties will always make necessary the selection, be- 
fore the time for casting the electoral vote for President 
and Vice-President, of candidates for these offices, that 
there may be combined effort and voting. 

The selection of men for these high offices begins in 
the townships, wards and voting precincts all over the 
United States. The method of participating in nomina- 
tions is republican. Delegates are chosen to a county 
convention. These delegates may be instructed, and 
in all honor bound, by the resolutions of these pri- 
mary conventions, to select only such men in county 
convention as will, in the state convention, elect delegates 
who are favorable to the views of the people in the pri- 
maries, in the choice of candidates. 

I know of no other way by which the people them- 



82 CIVIL GOVERNMENT. 

selves, in a state, can with certainty be heard in a 
national convention. The county convention elects 
delegates to the state or district convention. Whether 
separate district (Congressional districts is meant) con- 
ventions are held, or all meet in state convention, each 
Congressional district nominates its delegates to the 
national convention. In both the Democratic and Repub- 
lican parties the representation from the states is the 
same, viz., two delegates for each Congressional district, 
and two at large, chosen by the state convention, for 
each United States Senator. The Republicans allow also 
two delegates from each organized territory and two from 
the District of Columbia. ' 

The place for holding the national convention is fixed 
by the national committees of each party. 

There, at the appointed time, the delegates assemble. 
The credentials of each delegation are examined by a 
committee for that purpose. A temporary chairman is 
nominated by the national committee. Committees on 
permanent organization, resolutions, etc., are appointed. 
A permanent organization is effected, and the order of 
business adopted is taken up. When the order of bal- 
loting for candidates is reached, nominating speeches are 
made, the roll of states being called to allow names to 
be presented. • 

In Republican conventions a majority of all the dele- 
gates present and voting nominate; in Democratic con- 
ventions, a two-thirds vote is required. 

Before the balloting begins, a platform has usually 
been adopted, setting forth the principles of the party, 
with its declarations upon any pending national issue. 

! At the last National Democratic convention, held since the 
manuscript for this work had been prepared, delegates from the 
territories were admitted. 



HOW THE PRESIDENT IS ELECTED. 83 

The Electoral College. 

Each state has as many votes for President and Vice- 
President, as it has delegates in both branches of Con- 
gress. The combined electoral vote of the states is the 
electoral college. A candidate to be elected by the 
electoral college must have a majority of these votes. 

The electors, according to the Constitution of the 
United States, meet in their respective states and vote by 
ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same state with 
themselves. 

They are required to name in their ballots the person 
voted for as President, and in distinct ballots the person 
voted for as Vice-President, and make three distinct lists 
of all persons voted for for both offices and the number 
of votes for each. These lists are signed and certified 
by them and transmitted, sealed, two to Washington, 
directed to the President of the Senate — one list by 
mail, the other by special messenger. The third list is 
transmitted to the judge of the district court in the dis- 
trict in which the electors meet. 

These electors are chosen, then, by the people of 
each state, and in this way. Each party, having a candi- 
date for these offices, chooses, in state conventions of the 
party, its electors. It is of course understood that those 
electors receiving a majority or plurality of the votes in 
the state will cast their votes for the party candidates. 

Each party ticket is headed by the names of electors 
chosen by the party. The ballots are cast in the town- 
ships, wards and voting precincts of the state. At each 
polling place they are counted and the result announced. 
The statements of votes are sent to the county clerk of 



84 CIVIL GOVERNMENT. 

each county, as a rule, certified as provided by law, and 
the result in the county transmitted to the persons or 
board designated to canvass the state vote. The persons 
determined by the state canvassers to have been elected, 
receive certificates of election. No senator or represen- 
tative, or person holding an office of trust or profit under 
the United States, can be an elector 

Congress is given power to determine the time of 
choosing electors, and the day on which they shall give 
their votes, and these times are the same throughout the 
United States. 

Electors are chosen on the Tuesday next after the 
first Monday in November, every fourth year. They 
vote on the first Wednesday in December of the same 
year in which they are elected. 

Counting the Electoral Vote. 

The President of the Senate, on the second Wednes- 
day in February next after the election, in the presence 
of the Senate and House of Representatives, opens the 
certificates. In order that certificates of the vote of each 
state may be at Washington on that day it is provided, 
that if none have been received from any state on the 
first Wednesday in January, the Secretary of State shall 
send a special messenger to the judge of the district in 
whose custody is one of the certificates, and said judge 
is required to transmit his copy to Washington at once. 
Upon opening the certificates, the votes are counted. 
The person having the greatest number of votes for 
President shall be President, if he have a majority of all 
the electors. The same is true of Vice-President. But 
if no person has a majority then, from the persons having 
the highest numbers, not exceeding three, the House of 



HOW THE PRESIDENT IS ELECTED. 



85 



Representatives chooses the President. In taking this 
vote it is necessary that there be present a member or 
members from two-thirds the states ; a majority vote of 
all the states is necessary to a choice; the vote is taken 
by states, the representation from each state having one 
vote. 

If no candidate for Vice-President has a majority of 
all the electors, then from the two persons having the 
highest number of votes the Senate chooses the Vice- 
President. For this purpose there must be present two- 
thirds of all the Senators, and a majority of them elect. 

If when the right of choice devolves upon them, the 
House of Representatives shall not choose a President 
before the fourth day of March next ensuing, then the 
Vice-President acts as President, the same as in case of 
the death of the President. 

The following table shows the next electoral college: 



Alabama, - 

Arkansas, 

California, 

Colorado,- 

Connecticut, 

Delaware, 

Florida, 

Georgia, 

Illinois, 

Indiana, 

Iowa, 

Kansas, 

Kentucky - 

Louisiana, 

Maine, 

Maryland, - 

Massachusetts, 

Michigan, 

Minnesota, 



10 

7 

8 

3 

6 

3 

4 

12 

22 

15 

13 

9 

13 

8 

6 

8 

14 

13 

7 



Mississippi, - 

Missouri, - 

Nebraska, 

Nevada, 

New Hampshire, - 

New Jersey, 

New York, 

North Carolina, 

Ohio, - 

Oregon, 

Pennsylvania, 

Rhode Island, - 

South Carolina, - 

Tennessee, 

Texas, - 

Vermont, - 

Virginia, 

West Virginia, - 

Wisconsin, - 

Total 

Necessary to a choice 



9 

16 

5 

3 

4 

9 

36 

11 

23 

3 

30 

4 

9 

12 

13 

4 

12 

6 

11 



401 
201 



CIVIL GOVERNMENT. 



QUESTIONS 



Tell what you can about how delegates are elected to 
nominate candidates? Where are they first chosen? 
To what convention? From what convention to the 
national convention ? Why are there more than one set 
of conventions ? How many delegates are allowed 
under party rules in the Republican national convention ? 
In the Democratic ? Who calls the conventions ? Who 
fixes the place for holding them ? Are delegates allowed 
from the territories ? In what party ? Give an account 
of the proceedings at national conventions? Is there 
any difference in parties as to the vote required to nomi- 
nate ? What is it ? What is the electoral college ? 

Tell how they are chosen, where they meet, and how 
they vote ? What record do they make of their vote ? 
What is done with the certificates ? 

How are electors elected ? On what day ? Is this 
the same in each state ? When do the electors vote ? 
Is this on the same day in all the states ? 

Where are the electoral votes counted ? When ? 
Before whom ? What is necessary to an election ? If 
the electors have made no choice who elects the Presi- 
dent ? By what vote ? Within what time ? If there 
has been no choice for Vice-President, how is he elected ? 

How many electoral votes are there ? How many 
necessary for a choice ? 



INDEX. 87 



INDEX. 

REFERENCES ARE TO PAGES. 

Introduction _ 3 

Table of contents iii 

Accumulated Constitutions 9 

Act of Congress, takes effect when 16 

Act of Parliament, takes effect when ^ 16 

Arsenals, authority governing _ 35 

Attainder, bill of.. 66 

Attorney General, U. S 50 

Authority of Government of U. S., territorial extent 34-36 

Authority, sovereign ; powers exercised by 10 

Bill of Attainder 66 

Bills of Credit 65 

Bills for Revenue _ 40 

Circuit Court, State 146 

Civil Government, what it is. ._ 18-28 

Imports, what 20 

Civil Liberty 25 

Coin money, power to 65 

Collection of Revenue 79 

Concurrent jurisdiction, meaning of _ 55 

Congress, act of, when takes effect 16 

Powers of. 43-49 

Prohibited powers _ 45-49 

Constitution, definition of _. 7 

Force and effect of... 9 

How formed 8 

Written and unwritten 8 

Constitutional prohibitions upon the States 63 

Construction of Statutes 16 

Contracts, obligations of ; laws impairing _ 66 

Convention of 1787 32 

Counting the electoral vote 84 

Court of Claims _ 61 

U. S. Supreme.. 52 

U. S. Circuit - 58 

Credit, bills of 65 



88 INDEX. 

Definition of Bill of Attainder 66 

of Bill of Credit 65 

of Constitution 7-10 

of ex post facto law 1 45 

of Government 21 

of to govern 18 

of Habeas Corpus, writ of 45 

of Law 11-13 

of Law of the Land 12 

of Marque and Reprisal, letters of 45 

of Money Bills 40 

of Sovereignty 10 

of State.- 7 

of Statute 13, 16 

Delegates, from Territories to Congress 36 

from the States to Congress 37, 38, 39, 40 

Qualifications of 38, 40 

Departments of Government, U. S 37-62 

Executive ... 49-52 

Judicial 52-63 

Legislative 37-48 

Direct Taxes. _ 78 

Distribution of Powers of Government. 25 

District of Columbia, authority governing 35 

District Court, U. S 53, 54, 58 

Divisions of the State 90 

Election of President 81-86 

Electoral College. 83 

Eminent Domain. 68-74 

Limitations on the power 72 

Must be exercised for public purpose 70 

Property subject to be taken 69 

Right as belou ging to national authority 70 

The taking 71 

What the rightis 68 

Executive Department, U. S 49-52 

Ex post facto Law 13, 45 

Family, government in the _ 18 

Alittle State 19 

Unit of communities 20 



INDEX. 89 

Forts, authority governing, U.S 35 

Govern, to, definition 18 

Government, chief concern of 22 

definition of _ 21 

forms of. 22 

generally _ 18-28 

powers of _ 24-33 

of the U. S 30-86 

Habeas Corpus, writ of _ 45 

House of Representatives, U. S 37, 40 

Impeachment, U. S. Officers 40n 

Indirect taxes 78 

Judicial Circuits, U. S _ 53 

Judicial Power, U. S 52-63 

Concurrent 55n 

in Supreme Court, U. S._ _ 57 

Lands, ownership of unpatented, in territories 36 

Law, ex post facto 13, 45 

Definitions of 11 

of the land _- 12 

Penal 13 

Retroactive „_ 13 

Retrospective ._. .._. 13 

Legislative Department, government of U. S. . 37-48 

Liberty, civil. 25 

Political 26 

Lighthouses, authority over 35 

Marque, letters of 44, 64 

Money Bills, definition of 40 

Navy Yards, authority over 35 

Obligations of Contracts, laws impairing. 66 

Officers of Congress • 39, 41 

Ordinance, definition of . 14 

Parliament, declared will of, final law 9 

Act of takes effect 16 

Penal Law, definition 13 

Political Liberty 26 

definition of 27 

Powers, exercised by the sovereign authority 10 

of Government 24 



90 INDEX. 

Powers, distribution of 25 

of Government, U. S.. - 30-34 

Preferred Creditor. 74 

President of U. S., third branch of Legislature. 47 

Death, resignation, etc 51 

Duties 50, 51 

Election 50, 81-86 

Executive power vested in 49 

Salary 50 

Privilege of Writ of Habeas Corpus 45 

Public Revenues, U. S _ 75-81 

Representatives, house of, in Congress 37-40 

Republican form of government, guaranteed the States 67 

Resolution 14 

Retroactive law 13 

Retrospective law 13 

Revenues, U. S 75-81 

Right, not recognized by Government, not available 23 

Secretary of United States 50 

Senate, Congress 40 

Senators, United States 40 

Sovereignty, definition of 10 

Powers exercised by _ 10 

State, definition of a 7 

States, constitutional prohibitions upon 63 

Statute, definition of 13 

Opposed to Constitution, effect of 9 

Takes effect when _. _. 16 

Statutes, construction of _ 16 

Provisions concerning enacting of 15 

Supreme Court, U. S- 52, 58 

Taxation, U. S _ 75-81 

Direct taxes _ ^ _ _ _. 78 

Indirect taxes _. 78 

Power of __ _ _ 75 

Restrictions upon power 77 

Territory, over which Federal Authority extends 34 

Territories, delegates from to Congress 36 

Exclusive power of legislation over 35 

Inhabitants of, participation in government 36 



INDEX. 91 

Territories, unpatented lands in, ownership 36 

Treaty, alliance, confederation , 63 

United States Government. _ 30-86 

Departments of 37 

Powers of, generally _ . 30-33 

Preferred creditor _ 74 

Vice President, U. S., election. 51 

Vice President, Presiding officer of Senate, etc 40 

When acts as President. _ 40 

Writ of Habeas Corpus 45 

Written and Unwritten Constitutions 8 



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